Western Law, Russian Justice

Western Law, Russian Justice

Author: Gary Rosenshield

Publisher: Univ of Wisconsin Press

Published: 2005-07-08

Total Pages: 322

ISBN-13: 0299209334

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Gary Rosenshield offers a new interpretation of Dostoevsky's greatest novel, The Brothers Karamazov. He explores Dostoevsky's critique and exploitation of the jury trial for his own ideological agenda, both in his journalism and his fiction, contextualizing his portrayal of trials and trial participants (lawyers, jurors, defendants, judges) in the political, social, and ideological milieu of his time. Further, the author presents Dostoevsky's critique in terms of the main notions of the critical legal studies movement in the United States, showing how, over one hundred and twenty years ago, Dostoevsky explicitly dealt with the same problems that the law-and-literature movement has been confronting over the past two decades. This book should appeal to anyone with an interest in Russian literature, Russian history and culture, legal studies, law and literature, narratology, or metafiction and literary theory.


Everyday Law in Russia

Everyday Law in Russia

Author: Kathryn Hendley

Publisher: Cornell University Press

Published: 2017-02-07

Total Pages: 377

ISBN-13: 1501708090

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Everyday Law in Russia challenges the prevailing common wisdom that Russians cannot rely on their law and that Russian courts are hopelessly politicized and corrupt. While acknowledging the persistence of verdicts dictated by the Kremlin in politically charged cases, Kathryn Hendley explores how ordinary Russian citizens experience law. Relying on her own extensive observational research in Russia’s new justice-of-the-peace courts as well as her analysis of a series of focus groups, she documents Russians’ complicated attitudes regarding law. The same Russian citizen who might shy away from taking a dispute with a state agency or powerful individual to court might be willing to sue her insurance company if it refuses to compensate her for damages following an auto accident. Hendley finds that Russian judges pay close attention to the law in mundane disputes, which account for the vast majority of the cases brought to the Russian courts. Any reluctance on the part of ordinary Russian citizens to use the courts is driven primarily by their fear of the time and cost—measured in both financial and emotional terms—of the judicial process. Like their American counterparts, Russians grow more willing to pursue disputes as the social distance between them and their opponents increases; Russians are loath to sue friends and neighbors, but are less reluctant when it comes to strangers or acquaintances. Hendley concludes that the "rule of law" rubric is ill suited to Russia and other authoritarian polities where law matters most—but not all—of the time.


Reforming Justice in Russia, 1864-1994

Reforming Justice in Russia, 1864-1994

Author: PeterH. Solomon

Publisher: Routledge

Published: 2017-07-05

Total Pages: 417

ISBN-13: 1351551833

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Measuring Russian legal reform in relation to the rule-of-law ideal, this study also examines the legal institutions, culture and reform goals that have actually prevailed in Russia. Judgements about future prospects are measured, adding new dimensions to our understanding of the Soviet legacy.


Reforming Justice in Russia, 1864-1996

Reforming Justice in Russia, 1864-1996

Author: Peter H. Solomon

Publisher: M.E. Sharpe

Published: 1997

Total Pages: 420

ISBN-13: 9781563248627

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Based on a set of papers prepared for a spring 1995 conference held at Massey College, University of Toronto, reflecting collaboration and discussion among specialists in law and justice in tsarist Russia and their counterparts working on the subject in the USSR and post-Soviet Russia. Organized in sections on varieties of justice in imperial Russia, courts and Soviet power, and justice and the Russian transition, papers examine areas such as rural arson in European Russia in the late imperial era, sexual harassment claims of the 1920s, criminal justice under Stalin, and trials in modern Russia. Annotation copyrighted by Book News, Inc., Portland, OR


Dostoevsky’s Legal and Moral Philosophy

Dostoevsky’s Legal and Moral Philosophy

Author: Raymond Angelo Belliotti

Publisher: BRILL

Published: 2016-11-28

Total Pages: 242

ISBN-13: 9004325425

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This work closely examines the trial of Dmitri Karamazov as the springboard to explaining and critically assessing Dostoevsky’s legal and moral philosophy. The author connects Dostoevsky’s objections to Russia’s acceptance of western juridical notions such as the rule of law and an adversary system of adjudication with his views on fundamental human nature, the principle of universal responsibility, and his invocation of unconditional love. Central to Dostoevsky’s vision is his understanding of the relationship between the dual human yearnings for individualism and community. In the process, the author related Dostoevsky’s conclusions to the thought of Plato, Augustine, Anselm, Dante, Kierkegaard, Schopenhauer, Nietzsche, and Sartre. Throughout the work, the author compares, contrasts, and evaluates Dostoevsky’s analyses with contemporary discussions of the rule of law, the adversary system, and the relationship between individualism and communitarianism.


Wages of Evil

Wages of Evil

Author: Anna Schur

Publisher: Northwestern University Press

Published: 2012

Total Pages: 256

ISBN-13: 0810128489

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Anna Schur incorporates sources from philosophy, criminology, psychology, and history to argue that Dostoevsky's thinking was shaped not only by his Christian ethics but also by the debates on punishment theory and practice unfolding during his lifetime.


Histories of Legal Aid

Histories of Legal Aid

Author: Felice Batlan

Publisher: Springer Nature

Published: 2022-01-12

Total Pages: 337

ISBN-13: 303080271X

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This book focuses on the history of the provision of legal aid and legal assistance to the poor in the nineteenth and twentieth centuries in eight different countries. It is the first such book to bring together historical work on legal aid in a comparative perspective, and allows readers to analogise and contrast historical narratives about free legal aid across countries. Legal aid developed as a result of industrialisation, urbanization, immigration, the rise of philanthropy, and what were viewed as new legal problems. Closely related, was the growing professionalisation of lawyers and the question of what duties lawyers owed society to perform free work. Yet, legal aid providers in many countries included lay women and men, leading at times to tensions with the bar. Furthermore, legal aid often became deeply politicized, creating dramatic conflicts concerning the rights of the poor to have equal access to justice.


Socialism and Legal History

Socialism and Legal History

Author: Ville Erkkilä

Publisher: Routledge

Published: 2020-11-26

Total Pages: 265

ISBN-13: 1000213730

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This book focuses on the way in which legal historians and legal scientists used the past to legitimize, challenge, explain and familiarize the socialist legal orders, which were backed by dictatorial governments. The volume studies legal historians and legal histories written in Eastern European countries during the socialist era after the Second World War. The book investigates whether there was a unified form of socialist legal historiography, and if so, what can be said of its common features. The individual chapters of this volume concentrate on the regimes that situate between the Russian, and later Soviet, legal culture and the area covered by the German Civil Code. Hence, the geographical focus of the book is on East Germany, Russia, the Baltic states, Poland and Hungary. The approach is transnational, focusing on the interaction and intertwinement of the then hegemonic communist ideology and the ideas of law and justice, as they appeared in the writings of legal historians of the socialist legal orders. Such an angle enables concentration on the dynamics between politics and law as well as identities and legal history. Studying the socialist interpretations of legal history reveals the ways in which the 20th century legal scholars, situated between legal renewal and political guidance gave legitimacy to, struggled to come to terms with, and sketched the future of the socialist legal orders. The book will be a valuable resource for academics and researchers working in the areas of Legal History, Jurisprudence and Philosophy of Law and European Studies. The Open Access version of this book, available at https://www.taylorfrancis.com/books/socialism-legal-history-ville-erkkil%C3%A4-hans-peter-haferkamp/e/10.4324/9780367814670?context=ubx&refId=2db6d49f-af1c-4b51-9503-9673a131f541, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.”


Formalism, Decisionism and Conservatism in Russian Law

Formalism, Decisionism and Conservatism in Russian Law

Author: Mikhail Antonov

Publisher: BRILL

Published: 2020-11-09

Total Pages: 210

ISBN-13: 9004442588

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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.