The Formation and Transmission of Western Legal Culture. 150 Books that made the Law in the Age of Printing
This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each ‘old book’ is analyzed by a recognized specialist in the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their publication, and in their broader influence on the development of law worldwide. Introductory essays explore the development of Western legal traditions, especially the influence of the English common law, and of Roman and canon law on legal writers, and the borrowings and interaction between them.
The book goes beyond the study of institutions and traditions of individual countries to chart a broader perspective on the transmission of legal concepts across legal, political, and geographical boundaries. Examining the branches of this genealogical tree of books makes clear their pervasive influence on modern legal systems, including attempts at rationalizing custom or creating new hybrid systems by transplanting Western legal concepts into other jurisdictions.
This chapter reviews the academic legacy of Dmitry Ivanovich Meyer (1819-1856), one of the founding fathers of Russian science of civil law, and of his course of lectures 'Russian Civil Law' which provided the solid ground for the modernized education in Russian civil law.
In this article the author examines a recent turn in European legal history from the postwar consensus to European legal history in global perspective. He explains the two types of legal histories though the relevant ideological background and reviews the basic concepts. Also he evaluates the consequences of this turn for the inter-disciplinary interaction of legal historians with comparative law, anthropology, socio-legal studies, legal theory. Finally, he reviews the first results of the new approach, including the discovery of legal diversity and hybridity in European legal histories.
In this article the author encourages the modern scientific community to draw attention to the fact that law being a unique institution of society, appears also a peculiar element of its culture. Thus, it is defended the opinion on the necessity of attraction of highly valuable data and progress of sociocultural anthropology (especially its legal and political directions) in investigation of state-legal problems, appearing objects of jurisprudence and other related social sciences. In turn, such formulation of the problem requires to use a new approach to law and state, the approach of their natural and inseparable connection with culture (in the broadest interpretation of this concept) of particular society. It gives reason to believe, that law and state undoubtedly bear the imprint of concrete culture. This thought is also continued by the following thesis that research (more profound than we have in traditional textbooks on jurisprudence) of the nature of law and state, their mechanisms and specificities as social institutions in fact becomes impossible without the reference to culture (as the system of values, ideas and practices) of society. In addition to the idea of law and state’s sociocultural conditionality in the article it is also explored to what useful consequences entails application of the aforesaid anthropological method in jurisprudence, useful both in theoretical and practical aspect. So, it is noted that the anthropological approach, requiring the comprehensive immersion in historical-cultural material, has its advantage, for example, that it is really impossible without using of data and methods of practically all humanitarian sciences (sciences about human, sciences of anthropocentristic nature), such as history, sociology, political science, psychology, cultural studies and even philology. Thus, the anthropological approach enriches our understanding of law and state, making it more stereoscopic.
The author of the present article considers the conditions under which the general theory of law can be justified as a scientific discipline
The article examines the issues related to application of rules of retrospective criminal law and proposed for discussion by the Supreme Court at the Conference "Challenges of operation of law in time in the light of humanization of criminal legislation: doctrine and practice" held on March 16, 2012.
The vollume addresses the modern history of legality principle – central to all western legal systems. Contributions provide comparative look at various parts of the Western world, including Argentina, Finland, and Russia, in order to reveal the common path of legality principle development and its local variations.
The paper examines the principles for the supervision of financial conglomerates proposed by BCBS in the consultative document published in December 2011. Moreover, the article proposes a number of suggestions worked out by the authors within the HSE research team.
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/