Soviet Legal Philosophy
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Author | : Andrzej Walicki |
Publisher | : Oxford University Press, USA |
Total Pages | : 496 |
Release | : 1987 |
Genre | : Law |
ISBN | : |
The author aims to show that the liberal intellectual tradition in pre-revolutionary Russia was in fact much stronger than is usually believed, the main concern of Russia's liberal thinkers being the problem of the rule of law. He concentrates on six thinkers: Chicherin, Soloviev, Petrzycki, Novgorodtsev, Kistiakovsky, and Hessen. Annotation copyright by Book News, Inc., Portland, OR
Author | : Bartosz Brożek |
Publisher | : Springer |
Total Pages | : 183 |
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.
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. The actual conservative narratives, about the distinctiveness of Russian law, reveal certain features of the intellectual culture that is transmitted in legal education, scholarship and practice. These narratives are based on the idea of sovereignty understood as legal omnipotence of the state. References to sovereignty justify the requirement of legality in the sense of fidelity to the letter of the law. They also often serve as a rationale for crafting exceptions to constitutional non-discrimination principles as they are applied to political, religious, sexual and other minorities.
Author | : |
Publisher | : Johnson Reprint Corporation |
Total Pages | : 524 |
Release | : 1951 |
Genre | : Law |
ISBN | : |
Author | : John Quigley |
Publisher | : Cambridge University Press |
Total Pages | : 0 |
Release | : 2012-08-09 |
Genre | : Law |
ISBN | : 9781107406254 |
This book explains an interaction between Soviet Russia and the West that has been overlooked in much of the analysis of the demise of the USSR. Legislation strikingly similar to the Marxist-inspired laws of Soviet Russia found its way into the legal systems of the Western world. Even though Western governments were at odds with the Soviet government, they were affected by the ideas it put forth. Western law was transformed radically during the course of the twentieth century, and much of that change was along lines first charted in Soviet law.
Author | : Paul Valliere |
Publisher | : Routledge |
Total Pages | : 354 |
Release | : 2021-09-16 |
Genre | : History |
ISBN | : 1000427935 |
This book, authored by an international group of scholars, focuses on a vibrant central current within the history of Russian legal thought: how Christianity, and theistic belief generally, has inspired the aspiration to the rule of law in Russia, informed Russian philosophies of law, and shaped legal practices. Following a substantial introduction to the phenomenon of Russian legal consciousness, the volume presents twelve concise, non-technical portraits of modern Russian jurists and philosophers of law whose thought was shaped significantly by Orthodox Christian faith or theistic belief. Also included are chapters on the role the Orthodox Church has played in the legal culture of Russia and on the contribution of modern Russian scholars to the critical investigation of Orthodox canon law. The collection embraces the most creative period of Russian legal thought—the century and a half from the later Enlightenment to the Russian emigration following the Bolshevik Revolution. This book will merit the attention of anyone interested in the connections between law and religion in modern times.
Author | : Evgeny Pashukanis |
Publisher | : Routledge |
Total Pages | : 272 |
Release | : 2017-09-04 |
Genre | : Political Science |
ISBN | : 1351482343 |
E. B. Pashukanis was the most significant contemporary to develop a fresh, new Marxist perspective in post-revolutionary Russia. In 1924 he wrote what is probably his most influential work, The General Theory of Law and Marxism. In the second edition, 1926, he stated that this work was not to be seen as a final product but more for ""self-clarification"" in hopes of adding ""stimulus and material for further discussion."" A third edition was printed in 1927.Pashukanis's ""commodity-exchange"" theory of law spearheaded a perspective that traced the form of law, not to class interests, but to capital logic itself. Until his death, he continued to argue for the ideal of the withering away of the state, law, and the juridic subject. He eventually arrived at a position contrary to Stalin's who, at that time, was attempting to consolidate and strengthen the state apparatus under the name of the dictatorship of the proletariat. Inevitably, Pashukanis was branded an enemy of the revolution in January 1937. His works were subsequently removed from soviet libraries. In 1954, Pashukanis was ""rehabilitated"" by the Soviets and restored to an acceptable position in the historical development of marxist law.In Europe and North America, a number of legal theorists only rediscovered Pashukanis's work in the late 1970s. They subjected it to careful critical analysis, and realized that he offered an alternative to the traditional Marxist interpretations, which saw law simply and purely as tied to class interests of domination. By the mid-1980s the instrumental Marxist perspective in vogue in Marxist sociology, criminology, politics, and economics gave way, to a significant extent due to Pashukanis's insights, to a more structural Marxist accounting of the relationship of law to economics and other social spheres.In his new introduction, Dragan Milovanovic discusses the life of Pashukanis, Marx and the commodity-exchange theory of law, and the historical lessons of Pashukanis's work. This bo
Author | : Raymond Wacks |
Publisher | : OUP Oxford |
Total Pages | : 169 |
Release | : 2014-02-27 |
Genre | : Law |
ISBN | : 0191510637 |
The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Author | : Diana Gasparyan |
Publisher | : BRILL |
Total Pages | : 186 |
Release | : 2021-08-30 |
Genre | : Philosophy |
ISBN | : 9004465820 |
This is an in-depth investigation into the life and work of one of the most prominent philosophers of Russian and Russian-Soviet history, Merab Mamardashvili, all of whose ideas are collected here in one book. However, each of his ideas leads much further - deep into philosophy itself, its cultural origins, and to the basis and roots of all human thought.
Author | : Evert van der Zweerde |
Publisher | : Edinburgh Studies in Comparative Political Theory and Intellectual History |
Total Pages | : 0 |
Release | : 2022-06-17 |
Genre | : Philosophy, Russian |
ISBN | : 9781474460378 |
Opens a window on the ways in which Russian thinkers have historically considered the political