Formalism, Decisionism and Conservatism in Russian Law

Formalism, Decisionism and Conservatism in Russian Law
Author: Mikhail Antonov
Publisher: BRILL
Total Pages: 210
Release: 2020-11-09
Genre: Law
ISBN: 9004442588

This volume examines the elements of formalism and decisionism in Russian legal thinking and, also, the impact of conservatism on the interplay of these elements. This combination leads to internal contradictions in theorizing about law and rights in Russian legal culture.

Russian Legal Realism

Russian Legal Realism
Author: Bartosz Brożek
Publisher: Springer
Total Pages: 176
Release: 2019-01-07
Genre: Law
ISBN: 3319988212

This edited volume explores ideas of legal realism which emerge through the works of Russian legal philosophers. Apart from the well-known American and Scandinavian versions of legal realism, there also exists a Russian one: readers will discover fresh perspectives and that the collection of early twentieth century ideas on law discussed in Russia can be understood as a unified school of legal thought – as Russian legal realism. These chapters by renowned European and Eastern European legal philosophers add to ongoing discussions about the nature of law, especially in the context of developments around our scientific knowledge about the mind and behaviour. Analyses of legal phenomena carried out by legal realists in Russia offer novel arguments in favour of embracing psychological and sociological perspectives on the law. The book includes analysis of the St. Petersburg school of legal philosophy and Leon Petrażycki’s psychological theory of law. This original and multifaceted research on Russian realists is of considerable value to an international audience. Researchers and postgraduate students of law, legal theory and legal ethics will find the book particularly appealing, but it will also interest those investigating the philosophy or sociology of law, or legal history.

Russian Approaches to International Law

Russian Approaches to International Law
Author: Lauri Mälksoo
Publisher: Academic
Total Pages: 241
Release: 2015
Genre: History
ISBN: 0198723040

Provides a detailed analysis of how Russia's understanding of international law has developed Draws on historical, theoretical, and practical perspectives to offer the reader the 'big picture' of Russia's engagement with international law Extensively uses sources and resources in the Russian language, including many which are not easily available to scholars outside of Russia

Philosophy of Law

Philosophy of Law
Author: Raymond Wacks
Publisher: Oxford University Press
Total Pages: 169
Release: 2014-02
Genre: Law
ISBN: 0199687005

Raymond Wacks reveals the intriguing and challenging nature of legal philosophy, exploring the notion of law and its role in our lives. He refers to key thinkers from Aristotle to Rawls, from Bentham to Derrida and looks at the central questions behind legal theory, and law's relation to justice, morality, and democracy.

Russia's New Authoritarianism

Russia's New Authoritarianism
Author: Lewis David G. Lewis
Publisher: Edinburgh University Press
Total Pages: 324
Release: 2020-03-27
Genre: Political Science
ISBN: 1474454798

David G. Lewis explores Russia's political system under Putin by unpacking the ideological paradigm that underpins it. He investigates the Russian understanding of key concepts such as sovereignty, democracy and political community. Through the dissection of a series of case studies - including Russia's legal system, the annexation of Crimea, and Russian policy in Syria - Lewis explains why these ideas matter in Russian domestic and foreign policy.

A Critique of Adjudication [fin de Sicle]

A Critique of Adjudication [fin de Sicle]
Author: Duncan Kennedy
Publisher: Harvard University Press
Total Pages: 436
Release: 2009-06-01
Genre: Law
ISBN: 9780674039520

A major statement from one of the foremost legal theorists of our day, this book offers a penetrating look into the political nature of legal, and especially judicial, decision making. It is also the first sustained attempt to integrate the American approach to law, an uneasy balance of deep commitment and intense skepticism, with the Continental tradition in social theory, philosophy, and psychology. At the center of this work is the question of how politics affects judicial activity-and how, in turn, lawmaking by judges affects American politics. Duncan Kennedy considers opposing views about whether law is political in character and, if so, how. He puts forward an original, distinctive, and remarkably lucid theory of adjudication that includes accounts of both judicial rhetoric and the experience of judging. With an eye to the current state of theory, legal or otherwise, he also includes a provocative discussion of postmodernism. Ultimately concerned with the practical consequences of ideas about the law, A Critique of Adjudication explores the aspects and implications of adjudication as few books have in this century. As a comprehensive and powerfully argued statement of a critical position in modern American legal thought, it will be essential to any balanced picture of the legal, political, and cultural life of our nation.

A Dialogical Concept of Minority Rights

A Dialogical Concept of Minority Rights
Author: Hanna H. Wei
Publisher: BRILL
Total Pages: 276
Release: 2016-04-26
Genre: Law
ISBN: 9004312048

In A Dialogical Concept of Minority Rights, Hanna H. Wei demonstrates that a more plausible and realistic concept of minority rights should consist of not only rights against the state but also rights against the group. She formulates and defends three separate but related rights to dialogue, and thoroughly analyses how they may operate not only to maintain a healthy balance between the minorities’ need to be culturally distinct and their need to relate to and belong in the larger society, but also that they address the generalisations and presuppositions on which the debate of multiculturalism has been based, and constitute the first step of a possible solution to many of the theoretical and practical difficulties of minority protection.

The Last Utopia

The Last Utopia
Author: Samuel Moyn
Publisher: Harvard University Press
Total Pages: 346
Release: 2012-03-05
Genre: History
ISBN: 0674256522

Human rights offer a vision of international justice that today’s idealistic millions hold dear. Yet the very concept on which the movement is based became familiar only a few decades ago when it profoundly reshaped our hopes for an improved humanity. In this pioneering book, Samuel Moyn elevates that extraordinary transformation to center stage and asks what it reveals about the ideal’s troubled present and uncertain future. For some, human rights stretch back to the dawn of Western civilization, the age of the American and French Revolutions, or the post–World War II moment when the Universal Declaration of Human Rights was framed. Revisiting these episodes in a dramatic tour of humanity’s moral history, The Last Utopia shows that it was in the decade after 1968 that human rights began to make sense to broad communities of people as the proper cause of justice. Across eastern and western Europe, as well as throughout the United States and Latin America, human rights crystallized in a few short years as social activism and political rhetoric moved it from the hallways of the United Nations to the global forefront. It was on the ruins of earlier political utopias, Moyn argues, that human rights achieved contemporary prominence. The morality of individual rights substituted for the soiled political dreams of revolutionary communism and nationalism as international law became an alternative to popular struggle and bloody violence. But as the ideal of human rights enters into rival political agendas, it requires more vigilance and scrutiny than when it became the watchword of our hopes.

The Total Art of Stalinism

The Total Art of Stalinism
Author: Boris Groys
Publisher: Verso Books
Total Pages: 145
Release: 2014-05-27
Genre: Art
ISBN: 1844678091

From the ruins of communism, Boris Groys emerges to provoke our interest in the aesthetic goals pursued with such catastrophic consequences by its founders. Interpreting totalitarian art and literature in the context of cultural history, this brilliant essay likens totalitarian aims to the modernists’ goal of producing world-transformative art. In this new edition, Groys revisits the debate that the book has stimulated since its first publication.