Об интегральной юриспруденции и энциклопедии правоведения
The article offers an overview of the main problems of studying the European ius commune of the 12th to 18th centuries. First of all, the author examines the methodological stand-off of the present-day research in the matters of the ius commune in the Western historiography; furthermore, he discusses the reasons of this stand-off (namely, the difficult nature of the ius commune, the ideology behind its study, the differing approaches to it from the part of legal historians, general historians, and the scholars of positive law); finally, he suggests a better way to study the ius commune in the domain of legal history.
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.
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.
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.