The Legacy of Classical Natural Law in Russian Dogmatic Jurisprudence in the Late 19th Century
The paper examines an inconspicuous influence of the legacy of classical natural law of the 18th century on Russian dogmatical jurisprudence of civil law taking as an example the authoritative “Course on civil law” (1868-1880) by an outstanding Russian statesman and scholar Konstantin Pobedonostsev. Despite the dogmatical purpose of the course and hostility of its author towards European liberal doctrines of natural law, some striking similarities between them could be found, especially in general provisions and principles of contract law, the method of its exposition and inevitable recourse to justice and supra-positive ideal.
This monograf is devoted to the subject of justice. Principal attention is given in the work to the organization of judizial power, procedure, the judiciary, procedural guarantees, and rights of the individual. The evolution of justice is analused against the background of various historical civilizations and epochs, making it possibleto more fully examine the tasks and functions of courts in the modern world. The basic national and international models of justice are described with special reference to the Russian model of justice, its principles, its institutional and procedural fundamentals and its future development, including the development of judicial procedure. This publication is intended for lawyers, scholars, teachers, postgraduate students and students of higher education, as well as for all those interested in questions surrounding justice.
The article is concerned with several turning points in the history of the concept of the legal principle in European law as represented in the treatises of some leading lawyers of ancient Rome, the Middle Ages and the modern age. The main point is that the idea of legal principle did not exist in Roman Law, but it was partly developed in medieval civil law and found its full expression in the treatises of those academicians who advocated the natural law.
Liberal reforms of the 1990s in Russia were accompanied by the appearance and active growth of illegal violent structures. In 2000s yeas of illegal power structures practically disappeared. What brought them back to life and what were the reasons for their disappearance? Does their disappearance mean the victory of the government as a warranton of law and order and of contract law? What is the evolution of violent entrepreneurs in Russia?
The report addresses the methodological challenge of studying judicial reasoning in a Codified Systems of such Western countries as France and Germany in the 19th century and Russia in the late 19th early 20th century. The difference in style of Western European and Russian decision should be explained by taking into account national legal consciousness along with black letter rules of the codes and statutes.
This article is devoted to the Digest of the Laws of the Russian Empire – an embodiment of the operative legal system in late imperial Russia. Even though the Digest contained the law in force, and thus should be studied as a crucial source on Russian (legal) history, its meaning has been often overlooked. The reason for that is a remarkable difference between the original texts of laws adopted by the legislator, and their published form in the Digest. This difference came from the necessary editing procedures when every new piece of legislation was included in the existing system of the Digest. This strange feature of legal procedure when two different versions of a particular law – the original one and the one codified in the Digest – both remained in force should be considered as a part of official autocratic legality in late imperial Russia. Even though it may seem inefficient and irrational, the practice of obligatory codification of laws in the Digest existed for a rather long time – from 1835 until 1917. My research aims to find possible explanations for the Digest’s prolonged existence in the context of political and legal culture of late imperial Russia. What did Russian ‘official legality’ actually mean on the levels of theory and action?
This project is an attempt to challenge the canonical gender concept while trying to specify what gender was in the medieval and early modern world. Despite the emphasis on individual, identity and difference that past research claims, much of this history still focuses on hierarchical or dichotomous paring of masculinity and femininity (or male and female). The emphasis on differences has been largely based on the research of such topics as premarital sex, religious deviance, rape and violence; these are topics that were, in the early modern society, criminal or at least easily marginalizing. The central focus of the book is to test, verify and challenge the methodology and use the concept(s) of gender specifically applicable to the period of great change and transition. The volume contains two theoretical sections supplemented by case-studies of gender through specific practices such as mysticism, witchcraft, crime, and legal behaviour. The first section, "Concepts", analyzes certain useful notions, such as patriarchy and morality. The second section, "Identities", seeks to deepen this analysis into the studies of female identities in various situations, cultures and dimensions and to show the fluidity and flexibility of what is called femininity nowadays. The third part, "Practises", seeks to rethink the bigger narratives through the case-studies coming from Northern Europe to see how conventional ideas of gender did not work in this particular region. The case studies also challenge the established narratives in such well-research historiographies as witchcraft and sexual offences and at the same time suggest new insights for the developing fields of study, such as history of homicide.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/