Russian Law in the Early Modern Period
The chapter gives an overview of the development of early modern Russian law. During this period, Russian law was undergoing a definite modernization which intensified in the seventeenth and, particularly, in the eighteenth century. The law became more rational, predictable and efficient. Russia actively engaged in codification and systematization of law, and that led to the more regular application of procedure and better lawyering. Russian law quickly adapted to the social, economic and political challenges, as it was under constant revision. Legal rules became more uniform and unvarying in their application. The Russian legal system grew to be hierarchical and bureaucratic, staffed by professionals via either practice or education. Due to these changes, the legal reforms of the nineteenth century allowed the Russian Empire to become a Rechtsstaat, although it was widely criticized and often even denied by contemporaries and scholars.
The coursebook is designed for undergraduate law students specializing in the following spheres of law: Russian law, International Law, Comparative Law, whose native language is other than English. The Level of English before starting the course is supposed to be not lower than B1-B2 according to the CEFR. The book is aimed at developing academic and professional English skills. In in other words, prospective students are supposed to learn the English language used in special contexts (academic and professional). Thus, the primary objective is not to explain the system of law (either domestic or foreign), but to teach students to critically analyze the material related to it and to communicate at the university level and inside the profession, where students need to be prepared to listen to lectures in English, read academic and legal texts, produce different types of texts (paragraph, summary, essay, case brief), do research and present its result (in oral and written form).
To achieve its objectives the book puts stress on academic, professional and communicative skills. The academic component is realized through mastering critical thinking skills, search for information skills, note-taking skills, comparing and contrasting skills. The professional component is realized through case studies, reading legal texts, genre writing. In accordance with students’ academic and research needs the book is provided with specific vocabulary for Russian legal realia and activities to practice it. Communicative skills are developed through pairwork, groupwork and teamwork activities. The illustrative examples have mostly been taken from the British National Corpus and the Corpus of Contemporary American English.
The book can be used both in class and individually. It can be suggested as an additional course book for first or second year students.
Education in early modern Russia has been traditionally described as imported from the West; secular; imposed by the state – or more specifically, by Peter I himself – from above on the unwilling population; driven by the military needs, and therefore, technical. This chapter seeks to examine and to problematize some these theses. Some of them have already been re-assessed by scholars, especially insofar as the role of the church in providing education is concerned. In other cases, the discussion is limited to identifying the gaps in our current understanding and pointing to ways of addressing them. In particular, on the basis of he author's own research as well as that of other scholars, it seeks to outline the responses of the tsar’s subjects to the educational change; problematize the role of the “state” as an actor in this process, and that of Peter I himself; to understand what exactly is meant by the practical/military drivers of educational change and how exactly the role of these drivers could be ascertained; to emphasize the role of non-state, traditional, and informal genres and providers of education in that period. The last two sections seek to place the early modern education in Russia in the Western European context by identifying more precisely what exactly has been borrowed and how this “borrowing,” in fact, resulted in innovative reconfiguring of educational forms; and to discuss the role of early modern Russia as a pioneer, in some sense, of explicitly using education as a tool of social engineering.
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.
The history of domestic violence, let alone domestic homicide, in Russia has yet to be written. This article focuses on the legal attitudes to domestic and especially marital homicide in early modern Russia and explores types of and methods used in spousal killings. The research is based on court records in addition to laws, legal documents and other sources. Its preliminary conclusions include assumptions about scale of domestic violence, gender of perpetrators and victims, main trends in domestic homicide and their connections with available explanatory frameworks. The study reveals that Russian households were violent places accounting for different types of assaults and homicides, but in all these acts women died more frequently than men. Marital homicide occurred in all social groups in Russia. Motives and methods for marital homicides were consistent with gendered theories of power relations. Penal policies also reveal harsher treatment of women than men, pointing to the gendered definitions of power disciplining methods.
The chapter in a monograph gives an insight into the key problems and most recent tendencies of the law and practice of mediation in Russia. Russia already has detailed federal legislation governing mediation. Also, mediation has been practised in Russia for years, even when such legislation was not in force. Furthermore, Russian law governing mediation is in rapid development. Thus current Russian experience can be of interest to legislators and practitioners from many countries which also face problems with case overload in the state courts.
This article investigates eighteenth-century Russian legal thought on the criminalisation of sex and sexualities in light of Western European scholarship on the same themes. It reveals the background to and preconditions for the transfer of knowledge and intellectual frameworks that structured societal understandings of sexuality and, at the same time, created the mechanisms of social and legal control over such behaviour. The study shows that the absence of developed Russian legal philosophy did not prevent the development of a criminal law with the same goals as more developed jurisdictions. Commentaries on and classification of sex crimes in Russia followed patterns familiar to Western Europe and used similar definitions rooted in Christian moral philosophy and canon law. The concern with the proper, rational and orderly development of state and society, central to the era, meant that laws relating to the criminalisation of sex and sexuality were not liberalised.
Ce manuel est une première dans la coopération juridique bilatérale entre nos deux pays. Cet ouvrage est destiné à offrir aux étudiants et aux professionnels du droit et de la justice des clés de lecture communes de deux droits souvent donnés comme divergents. L'une de ses richesses majeures est de montrer comment, en dépit de législations, de doctrines juridiques et de pratiques judiciaires différentes, les droits français et russe restent, dans un nombre important de domaines, très proches. Les branches principales des droits public et privé français et russe y sont ainsi abordées les unes à la suite des autres, alternant approches françaises et russes, afin de permettre au lecteur de mieux comprendre le fonctionnement de son propre droit à la lumière du droit de l'autre pays. Plus qu'un instrument de comparaison de nos deux systèmes, ce manuel se veut donc un instrument de coopération juridique entre nos pays, invitant à s'interroger sur ce qui fait le droit et l'identité juridique d'un Etat.
This is a book review of Bill Bowring's Law, Rights and Ideology in Russia.