scholarly journals Traditional Law and Russian Peasantry

2018 ◽  
Vol 7 (4.38) ◽  
pp. 152
Author(s):  
Pavel Viktorovich Erin ◽  
Natalia Vladimirovna Melekhova ◽  
Vadim Pavlovich Nikolashin

This article analyzes the application of customary law in peasant legal pro-ceedings. The authors consider reasons for the domination of customary law in the everyday life of peasants in the early 20th century. They also determine the causes of the declining authority of customs in legal regulation. Law becomes the most convenient tool for resolving legal disputes. The paper presents the attitude to the customary law of leading lawyers and public officials and re-veals different viewpoints on the problem under consideration. The analysis of these positions enables researchers to consider the attitude to legal norms in modern society from a moral perspective.  

2020 ◽  
Vol 38 (3) ◽  
pp. 207-222
Author(s):  
Maxim Pulkin ◽  

The article discusses the patterns of everyday life of the Old Believerswanderers in the territory of Kargopol district of the Olonets province. It draws upon new archival materials of church and secular origin, as well as a number of significant works by the missionaries. The study explores peculiarities of the wanderers’ worldview, the forms and methods of their preaching activity, and the structure of their communities. The wonderers’ teaching was deeply eschatological, which led to a complete break with “the world of Antichrist”. The study provides a detailed description of the everyday life of the wanderers. An important feature in the life of these communities was constant and intensive ties between territories where their co-religionists were present. Particular attention is paid to the problems of mutual perception and confrontation between the wanderers and government representatives (police and clergy). The wanderers’ activities, in spite of their eschatological attitudes, showed in fact their intense involvement with the outside world.


Author(s):  
Svetlana M. Sankova

The article traces the transformation of the artistic public's view on the clergy and their place in the life of Russia on the basis of the images of priests created by domestic masters of the genre in the 19th – early 20th centuries. Genre painting originated in Russia in the second quarter of the 19th century and allowed artists to move away from symbolic academic themes and turn to subjects from the everyday life of their contemporaries. However, as a rule, there was no place for the clergy in those works. The exception was the work of A.G. Venetsianov, who was at the root of the creation of genre painting in Russia. In the period of liberal reforms, the church was viewed as something reactionary and clergy was often portrayed in sharply satirical or comic situations (V.G. Perov, F.S. Zhuravlev). In the post-reform period and with the development of realistic worldview, the images of the priest lost their comic focus on the canvases of K.A. Savitsky, G.G. Myasoedov and I.E. Repin. Late 19th and early 20th centuries for the Russian culture was the period of searching spirituality and coming to understand approaching social upheavals in Russian culture, which was clearly demonstrated by M.V. Nesterov's turn to depicting the image of a priest. His disciple P.D. Korin, who witnessed active persecution of the church in the early 1920s, emphasized in his famous, but unfinished portraits of priests the heroic resistance of the clergy to impending persecution. It is important to say that after decades the artist did not get back to the unfinished canvas, since the situation in the country changed, and the genre of the painting changed to historical.


Author(s):  
Volodymyr Zaichenko ◽  
◽  
Volodymyr Popov ◽  

The purpose of the article is to consider the modern scientific discourse on agricultural lending in Naddnieper Ukraine in the second half of the 19th and early 20th centuries and to identify promising areas for further research on this issue. The authors used empirical and theoretical methods of scientific research in particular methods of analysis and synthesis, the method of scientific abstraction, and others characteristic methods of research on economic history to achieve this goal and implement the corresponding research tasks. In recent years, a body of diverse scientific research of historians, economists and lawyers has appeared in Ukraine in which these problems are considered. These works differ both in the depth of study of the problem of agricultural lending and in the range of studied issues. The entire body of works of modern Ukrainian scientists, which forms the modern scientific discourse on the history of agricultural lending in Naddnieper Ukraine in the second half of the 19th - early 20th century, consists of three groups including in particular : 1) research, which are devoted to outstanding economists and theorists of lending of the 19th - early 20th century; 2) works on the history of the Peasant and Noble banks, branches and offices of which operated on the territory of the Ukrainian governorates; 3) research of cooperative crediting. We are obliged to note that despite a significant amount of scientific research on the history of lending (including agricultural lending) in Naddnieper Ukraine in the second half of the 19th and beginning of the 20th century, today prevail works devoted only to certain aspects of this complex and important scientific problem, without proper cooperation between representatives of various branches of knowledge. In the authors' view, synectics that is scientific cooperation of representatives of various specialties: economists, historians and lawyers, should become promising in studying the history of agricultural lending in Naddnieper Ukraine in the second half of the 19th and early 20th centuries. It allows to solve such a complex scientific problem comprehensively and considering the economic component (determination of the most optimal scientifically grounded lending methods) and the historical as well as anthropological approach and the study of the legal regulation of credit relations. In our opinion, it is exactly the kind of approach, that allows not only to study the problem of the history of agricultural lending in Naddnieper Ukraine in the second half of the 19th and early 20th century comprehensively, but also to offer modern lenders a mechanism for developing balanced and affordable credit products that will stimulate the development of the agricultural sector and the economy of Ukraine as a whole.


2020 ◽  
Vol 14 (1) ◽  
pp. 29-44
Author(s):  
Jan Andreska ◽  
Dominik Andreska

Abstract The article deals with trends in the Eurasian eagle-owl (Bubo bubo) population in Czechia and the interplay between legal regulation of hunting and nature protection. In the early 20th century, the eagle-owl population in Bohemia decreased to an estimated 20 nesting pairs, and the population in Moravia and Silesia was subsequently estimated to be similarly low. In previous centuries, eagle-owls had been persecuted as pest animals; additionally, their chicks were picked from nests to be kept by hunters for the eagle-owl lure hunting method (“výrovka” in Czech), where they were used as live bait to attract corvids and birds of prey, which were subsequently killed by shooting. As soon as the state of the eagle-owl population was established in the 1900s, the effort to save the autochthonous eagle-owl population commenced. Nevertheless, when eagle-owls became legally protected from killing in the 1930s, the eagle-owl lure hunting method was not prohibited. The intensified use of this hunting method in the 1950s was accompanied by serious decline in the populations of birds of prey in the Czech countryside, when tens of thousands of Eurasian sparrowhawks (Accipiter nisus), northern goshawks (Accipiter gentilis), common buzzards (Buteo buteo) and rough-legged buzzards (B. lagopus) were killed on a yearly basis. The usage of eagle-owl chicks in lure hunting was criticised by ornithologists concerned with the conservation of birds of prey. The eagle-owl thus became a subject of more general debate on the role of predators in nature, and this debate (albeit regarding other predator species) has continued to the present-day. As the eagle-owl population has been growing steadily following the prohibition of its killing in the 1930s, its story may serve as an example of the need for effective legal protection of predators to ensure their survival in the intensively exploited central-European environment. The article examines the successful preserving of the eagle-owl in the Czech countryside, from its low point in the early 20th century towards today’s stable and ever-increasing population, focusing on environmental, conservationist, legal and societal aspects of the issue.


2021 ◽  
Vol 3 (1) ◽  
pp. 78-92
Author(s):  
José Edilson Amorim

ResumoA partir de uma crônica de Bráulio Tavares, este artigo reflete sobre cenas da precariedade de ontem e de hoje. A primeira cena está em Lima Barreto, em Recordações do escrivão Isaías Caminha, ao referir a Revolta da Vacina no Rio de Janeiro do século XX, comparada às manifestações de 2013 e 2014 no país; a segunda é a espetacularização da mídia sobre as manifestações de rua em 2013 e 2014, e sobre o processo de impedimento do mandato presidencial de Dilma Rousseff em 2015; a terceira é uma cena da vida cotidiana de uma moça de Brasília em outubro de 2014. As três situações revelam o mundo da classe trabalhadora e seu desamparo em meio ao espetáculo midiático.Palavras-chave: Trabalho. Mídia. Política. Espetáculo. AbstractFrom a chronicle by Bráulio Tavares, this paper reflects about scenes of the precariousness of yesterday and today. The first scene is in Lima Barreto’s novel Recordações do escrivão Isaías Caminha (Memories of the scrivener Isaías Caminha), when referring to the Vaccine Revolt in the Rio de Janeiro of the 20th century, compared to the manifestations of 2013 and 2014 in Brazil; the second is about the media spectacularization of the street manifestations between 2013 e 2014 in Brazil, and also on Dilma Rousseff's impeachment process in 2015; the third one is from the everyday life of a girl from Brasília in October of 2014. All those three situations reveal the world of the working class and its helplessness in the face of the media spectacularization.Keywords: Work. Media. Politics. Spectacle.


2020 ◽  
Vol 32 (2) ◽  
pp. 22-41
Author(s):  
Oszkár Gorcsa

The World War can be justifiably called the great seminal catastrophe of the 20th century, because the war that should have ended every further war, just disseminated the seeds of another cataclysm. From this point of view it is comprehensible why lots of historians deal with the named period. Numerous monographies and articles that deal with the destructing and stimulating eff ect of the Great War have seen the light of day. However, the mentioned works usually have serious defi cenceis, as most of them deal only with the battlefi elds, and a small proportion deals with the question of everyday life and hinterland, and the ordeals of the POWs are superfi cially described. In case of Hungary, the more serious researches related to POWs only started at the time of the centenary. This is why we can still read in some Serbian literatures about the people annihilating endeavors of the „huns” of Austria–Hungary. My choice of subject was therefore justified by the reasons outlined above. In my presentation I expound on briefly introducing the situations in the austro–hungarian POW camps. Furthermore, the presentation depicts in detail the everyday life, the medical and general treatment, clothing supply, the question of the minimal wages and working time of the prisoner labour forces. Lastly, I am depicting the problem of escapes and issues dealing POWs marriage and citizenship requests.


Istoriya ◽  
2021 ◽  
Vol 12 (10 (108)) ◽  
pp. 0
Author(s):  
Gimbatova Madina

The article is devoted to one of the most common, and currently almost disappeared custom of blood feud. The authors aim to characterize the adats and rituals associated with blood feuds among the peoples of mountainous Dagestan in the 19th — early 20th century. The research is based on historical-comparative, historical-typological methods and the principle of historical-cultural reconstruction. The chronological framework of the study covers the 19th — early 20th century. This is the period of legal pluralism in Dagestan, when the norms of customary law (adats), Sharia and the laws of the Russian Empire were in force in the mountains.The reasons for the occurrence of blood feuds, adats regulating the legal consequences of murder, as well as the rites of reconciliation of blood relatives are identified and investigated. It is established that in Dagestan, due to the specific features of the socio-economic and political system, such types of criminal punishment as deprivation of liberty, execution, corporal and degrading measures of influence did not arise for the murder of a person. The results of the study can be used by employees of education and culture to familiarize the younger generation with the legal experience of their ancestors.


Author(s):  
Marinos Diamantides ◽  
Anton Schütz

While early 20th century Social Darwinism has been discredited, post-WW2 theories have re-emphasized Darwin's notion of the environment. On this basis, and substituting social systems for natural species, society has been analyzed as a system-in-evolution, a machinery that, reflexively or self-referentially, produces itself at every moment anew. Modern society, according to social systems theory, continuously makes itself, thanks to countless simultaneous communications taking place at once. There are two equally disquieting lessons here. On the one hand, modern law, understood as the communicative system that applies the distinction lawful/unlawful to everything that gets in its way, is placed within an environment constituted by other communicative social systems (the economy, politics, religion, art etc) and the conditions created by those. On the other hand, social systems at large are separated from the realm of human consciousness, i.e. of collective or individual identity (the ‘psychic systems’). While ‘social' and ‘psychic’ systems never meet, they rely on absolute indifference with respect to their other side, as only this indifference enables especially social systems to assure their (superior) fact-creating potential. Our own project consists in spelling out the implications of this scissile sense of ‘meaning’, at once understood as a shorthand for what is actually happening (fragmented communications) and as consciousness-as-identity (imaginary unity).


2020 ◽  
pp. 1-35
Author(s):  
Samy Ayoub

AbstractThis article explores an important debate on divorce law in early 20th-century Egypt between the sharīʿa judge Aḥmad Muḥammad Shākir (d. 1958) and the adjunct to the last Shaykh al-Islām of the Ottoman Empire, Muḥammad Zāhid al-Kawtharī (d. 1952). The debate is centred on Shākir’s argument that triple divorce (three pronouncements of the divorce oath in one utterance, deemed irrevocable according to the Ḥanafī school) should be treated as a single revocable divorce, a position that the Ḥanafī school rejects. The Egyptian divorce law was changed on 10 March 1929 to embrace the revised position, supported by the government, that a triple divorce counts as a single divorce, thereby making it revocable. Shākir argued that the official adherence of the sharīʿa courts to the preponderant opinions (al-rājiḥ) of the Ḥanafī school was one of the key obstacles to meaningful legal reform in this case. Despite his declared following of the Ḥanafī school, Shākir dismissed Ḥanafī legal norms and authorities, and advocated an urgent break with the control of the Ḥanafī legal school on the process of judicial reasoning in the Egyptian sharīʿa courts. To further demonstrate this dynamic, I take up a close reading of a court decision on whether custody payments (ujrat al-ḥaḍāna) include housing support (sakan), or if the latter is a separate calculated expense. Shākir not only ruled in opposition to the Ḥanafī preponderant position but also rejected the late Ḥanafī authority Muḥammad Amīn ʿĀbidīn’s (Ibn ʿĀbidīn, d. 1836) effort to harmonize the school’s position on this matter. I propose that Shākir was an iconoclastic Ḥanafī.


Author(s):  
Natal'ya V. Volodina

The article continues the analysis of "unwanted people" in the literary criticism and journalism from the mid 19th century till the century's end. The focus of the authors' attention is on the polemic of Nikolay Dobrolyubov and Alexander Herzen concerning a his torical role of "unwanted people" who are associated for them with generation of the intellectuals of the 1830s—40s. It is shown in the article that characteristic of "unwanted people" is built by critics on material of literature and actuals of life of modern society. In Nikolay Dobrolyubov's works, the leading place is taken by opposition "superfl uous" Vs. "new" people. This opposition excepts the idea of continuity of generations. Alexander Herzen emphasises historical value of "superfl uous men" for development of consciousness of the person and spiritual culture of society. As the author notes, traditions of criticism of the 1830s—60s had remained in criticism and journalism within the early 20th century. The idea of denial of "unwanted people" in Russia and recognition of value of their historical experience was updated in this period. The concept of "unwanted people" becomes the sign of tragic fate of Russian intellectuals.


Sign in / Sign up

Export Citation Format

Share Document