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Soviet practice has variously questioned, rejected, debased and affirmed law and its institutions. This new anthology of over 400 documents--including legislation, judicial decisions, legal commentary, political statements, and observations on history and social theory--examines and assesses the significance of once-dominant patterns in Soviet thought, guiding students toward an understanding of the present by exploring the past. Recent Soviet views toward nature and the role of law, ways of governance, the intensity of conflict between individual and common interest, and the extent of social disorganization may reflect change, but Zile argues that it is the conditions and experience of the past that are most likely to affect change. Presenting both the voices of the erstwhile victors and the vanquished from within the Soviet experience, this book challenges students and scholars of law and Soviet history to rethink their notions of Soviet legal culture.
European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
The Latvian-born legal theorist P.I. Stuchka (1865-1932), generally recognized as one of the principal architects of modern Soviet legal theory and the Soviet legal system itself, was a prodigious author and editor. Twenty essays by Stuchka written between 1917 and 1931 were selected for translation
Soviet and East European Law and the Scientific-Technical Revolution discusses the various perceptions and understandings of the scientific technical revolution (STR) and its effect on the legal systems of the USSR and the East European nations. This book is composed 11 chapters and begins with a description of the relationship of the STR and law and how law is used as a means of manipulating the STR and directing its development. The succeeding chapters explore the STR in the realm of ideas or doctrine relating to management theory and jurisprudence. These topics are followed by discussions of the constitutional enactments influenced by the STR and the developments of administrative and labor laws. The remaining chapters highlight the tangible results of efforts to shape the STR. These chapters also look into the development of mechanisms for the transfer of technology between the Soviet Union and the Eastern Europe. This book is intended for historians and the general public who are interested in scientific-technical revolution.
This book explores the issue of selective law enforcement, arguing that the manipulation of the legal system by powerful insiders is a distinctive feature of Putinism, reflecting both its hybrid authoritarianism and Russian legal culture. Based on extensive research including interviews with the victims of selective law enforcement, the book analyses how selective law enforcement works in Russia, discusses the link between law and power, and relates the Russian situation to examples from elsewhere and to general legal theories and ideas of political hybridity.
Law, Rights and Ideology in Russia: Landmarks in the destiny of a great power brings into sharp focus several key episodes in Russia’s vividly ideological engagement with law and rights. Drawing on 30 years of experience of consultancy and teaching in many regions of Russia and on library research in Russian-language texts, Bill Bowring provides unique insights into people, events and ideas. The book starts with the surprising role of the Scottish Enlightenment in the origins of law as an academic discipline in Russia in the eighteenth century. The Great Reforms of Tsar Aleksandr II, abolishing serfdom in 1861 and introducing jury trial in 1864, are then examined and debated as genuine reforms or the response to a revolutionary situation. A new interpretation of the life and work of the Soviet legal theorist Yevgeniy Pashukanis leads to an analysis of the conflicted attitude of the USSR to international law and human rights, especially the right of peoples to self-determination. The complex history of autonomy in Tsarist and Soviet Russia is considered, alongside the collapse of the USSR in 1991. An examination of Russia’s plunge into the European human rights system under Yeltsin is followed by the history of the death penalty in Russia. Finally, the secrets of the ideology of ‘sovereignty’ in the Putin era and their impact on law and rights are revealed. Throughout, the constant theme is the centuries long hegemonic struggle between Westernisers and Slavophiles, against the backdrop of the Messianism that proclaimed Russia to be the Third Rome, was revived in the mission of Soviet Russia to change the world and which has echoes in contemporary Eurasianism and the ideology of sovereignty.
The constitutional question is of paramount importance in the political and nationalist agenda of late twentieth-century Europe. Professor van Caenegem's new book addresses fundamental questions of constitutional organisation: democracy versus autocracy, unitary versus federal organisation, pluralism versus intolerance, by analysing different models of constitutional government through an historical perspective. The approach is chronological: constitutionalism is explained as the result of many centuries of trial and error through a narrative which begins in the early Middle Ages and concludes with contemporary debates, focusing on Europe, the United States, and the Soviet Union. Special attention is devoted to the rise of the rule of law, and of constitutional, parliamentary, and federal forms of government. The epilogue discusses the future of liberal democracy as a universal model.
This accessible text explains how Russian law works in all its principal areas. It elucidates the main concepts and frameworks behind Russian law, and uses original legal sources and case law to explain how it operates in practice. The contributors, all of whom are leading experts on Russian law, employ original research to further knowledge of the Russian legal profession, legal culture, judiciary and court systems, providing a scholarly and practical account of Russian law for students and scholars alike. It is essential reading for anyone seeking a deeper understanding of the subject.