scholarly journals “Every Scientifically Educated Lawyer Should be a Cultural Fighter for the Ideals of Law in Life!“ — Nikolay I. Palienko’s Legal and Political Views

Lex Russica ◽  
2021 ◽  
pp. 123-135
Author(s):  
A. S. Tumanova ◽  
A. A. Safonov
Keyword(s):  
Natural Law ◽  
Essential Element ◽  
The State ◽  
Legal Concept ◽  
Late Imperial ◽  
Imperial Russia ◽  
Stage Of Development ◽  
Theory Of Law ◽  
Integrative Concept ◽  
Legal Understanding

. The paper analyzes the legal views of Nikolay I. Palienko, a prominent philosopher of law and a state historian of the beginning of the last century. The authors pay significant attention to the integrative concept of legal understanding that is followed by Prof. Nikolay Palienko. They also substantiate originality and significance of the concept in the light of modernization of the political and legal order in late imperial Russia. It seems that under certain conditions it could serve as a bridge between positivist jurisprudence and the doctrine of “reborn natural law” developed in pre-revolutionary Russia. It was intended to smooth out the contradictions in both doctrines and contribute to the development of a new methodology for law understanding in the context of transformation of the Russian legal system towards establishing institutions of constitutional order.On the basis of published sources, the authors show the evolution of the scholar’s views from the positivist theory of law to idealism that is not properly estimated in the legal literature and is quite typical for the legal scholars of the interrevolutionary period.The authors conclude that Prof. Nikolay I. Palienko scholarship and knowledge allowed him to substantiate his own concept of legal understanding that can be considered integrative on the basis of achievements of the positivist theory of law, philosophy of natural law, psychological and sociological concepts of legal understanding. Prof. Palienko proclaimed the normative nature of law and at the same time expressed ideas of the supremacy of law over the state and the coherence of the state provided by law. An essential element of his legal concept was the legal consciousness of the society, acknowledgement of its role in the course of law education, as well as its establishment as a source of law. Palienko’s idea of legal coherence of the state represents a synthesis of positivism with idealism and leads to a new stage of development of legal methodology and ideology, namely: integrative jurisprudence. Scholar’s political and legal ideas contributed to the development of ideas about the rule of law, which were very popular in Russia during the period of development of representative institutions and constitutionalism.

scholarly journals Religious Policy in Late Imperial Russia: State and Orthodox Church in the Buryat Spiritual Space

2020 ◽  
pp. 1056-1064
Author(s):  
Darima D. Amogolonova
Keyword(s):  
19Th Century ◽  
The State ◽  
Russian Population ◽  
Orthodox Church ◽  
Late 19Th Century ◽  
Religious Policy ◽  
Late Imperial ◽  
Imperial Russia ◽  
Russian State ◽  
The Government

The paper analyses the situation that took the most expressed forms since the late 19th century and reflected strengthening criticism from the Orthodox Church against both the Buddhist clergy and the Russian state. The contradictions between the state and the Orthodox policies were caused by differences in principles, since when giving Buddhism some legitimacy the government was guided by the interests of Russia in the east of the Empire, while the Orthodox Church saw its task in suppressing the influence of the Buddhist clergy through the soonest religious and ideological homogenisation of Buryats with the ethnic Russian population

scholarly journals CHARTERS OF VOLUNTARY ASSOCIATIONS IN PREREVOLUTIONARY RUSSIA

2020 ◽  
Vol 24 (1) ◽  
pp. 113-136
Author(s):  
Anastasiya S. Tumanova ◽  
Alexander A. Safonov
Keyword(s):  
Voluntary Associations ◽  
The State ◽  
Voluntary Association ◽  
Inner Life ◽  
Russian Government ◽  
Late Imperial ◽  
Imperial Russia ◽  
External Context ◽  
History Of ◽  
Corporate Legislation

The article deals with the history of doctrinal formation of the content of the charter of voluntary association of Late Imperial Russia, as well as the role of the charter in regulating the phenomenon of social self-organization. This problem is practically don't studied in the scientific literature. It is based on the involvement of a broad corpus of published sources (constituent documents of public organizations, materials of clerical work of public institutions, etc.) and archives (documents of the RGIA). The legal policy of the Russian government aimed at establishing uniformity in the content of constituent documents of voluntary societies and the principles of their relationship with the state according to the creation, re-registration, termination of societies is analyzed. This national framework is assessed from the standpoint of the content of corporate regulation in Late Imperial Russia, the degree of intervention of the state in this process. Russian and European sources for the formation of corporate legislation on voluntary associations are considered. The analysis of constituent documents of various groups of organizations in prerevolutionary Russia takes a significant place. They are studied according to the content, structure, general and special features, field of activity. The authors investigate how independent creativity of the founders was expressed when drawing up the charters of organizations that do not fully comply with typical constituent documents, find out its meaning and boundaries. The authors come to the conclusion that the charters gave Russian associations substantial autonomy in the inner life (defining goals and objectives, methods of capital formation, requirements for categories of members, etc.), but rather strictly prescribed the “external” context of their functioning, coupled with the interaction with state authorities.

COMMERCIAL THEATRE AND PROFESSIONALIZATION IN LATE IMPERIAL RUSSIA

2005 ◽  
Vol 48 (4) ◽  
pp. 1025-1053 ◽  
Author(s):  
MURRAY FRAME
Keyword(s):  
Self Regulation ◽  
The State ◽  
Professional Status ◽  
Occupational Groups ◽  
Late Imperial ◽  
Imperial Russia ◽  
State Involvement ◽  
Commercial Theatre ◽  
The Government

This article investigates the attempt by Russian theatre people to ‘professionalize’ their vocation during the late tsarist period. It argues that theatrical professionalization differed from standard paradigms because fundamentally it was designed to address material impoverishment, rather than to protect existing occupational privileges. Theatre people believed that ‘professional’ status would defend them from the effects of the burgeoning commercial entertainment market. Thus they represented the gradual ‘democratization’ of the professional ideal, its diffusion amongst occupational groups not traditionally classified as ‘professions’. From 1894, a national regulatory association, the Russian Theatre Society, represented theatre people's interests and persuaded the government to subsidize its activities. Yet the boundaries between state involvement and self-regulation were never clearly defined, creating an underlying tension within the Society about the extent of its relations with the state, a problem that was exposed during the 1905 revolution.

scholarly journals The concept of «sources of law»: general theoretical definition and content

2021 ◽  
Vol 2 (2) ◽  
pp. 71-75
Author(s):  
Maryna Novikova
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
The State ◽  
Dual Function ◽  
Legal Norms ◽  
The Subject ◽  
Theory Of Law ◽  
Theoretical Thinking ◽  
Legal Understanding ◽  
Legal Force

The article analyzes scientific approaches to the characterization of sources of law as a legal category. The reasons of multifaceted approaches, dependence of sources of law on legal understanding are defined. Approaches to understanding the sources of law are studied. The meaning of the concept in the material, ideological and formal (legal) sense is revealed. It is determined that in the system of categories of the theory of law the concept of «sources of law» performs a dual function. Thus, on the one hand, it allows distinguishing sources of law from other social regulators. Any legal system determines in its doctrine and legislation which sources (forms) of law are recognized as valid. On the other hand, this concept reveals the place of a source of law in the system of sources of law, the ratio of its legal force with the legal force of other sources of law. It is stated that the source of law cannot be defined as a way of external expression of legal norms, which are objectified in a certain form, because the «source of law» means the origins of law. It is pointed out that differences in the interpretation of sources of law can be explained by different approaches to legal understanding. So, for example, if the legal understanding is based on the normative approach, then the sources of law mean the will of the legislator or law-making activities of the state, and in the natural-legal approach, the sources of law are considered the principles of law, which should be followed by positive law. The source of law may not have forms, such as common sense or theoretical thinking, which can be considered full-fledged sources of law that form the meanings of law, although they are not forms of existence of law. It is concluded that the source of law, and not any other legal category, opens for the subject of lawmaking, determines the need for their use in the regulation of social relations. From the source of law, the subject of law enforcement derives the content of the legal norm, regardless of its recognition by the state, regardless of whether the sources of law are binding or only convincing value. The source of the law itself can be the basis for the decision of the subject of law enforcement. The legitimation, material, social and ideal meaning of the term «source of law» is analyzed. Based on the analysis of definitions and approaches to the chosen issues presented in the scientific literature, the authors agree with the position expressed in the literature that the understanding of the category of source of law, its form is directly influenced by the concept of legal understanding shared by researchers.

Geneza odpowiedzialności państwa za bezprawie legislacyjne

2015 ◽  
pp. 65-81
Author(s):  
Małgorzata Lewandowska
Keyword(s):  
Natural Law ◽  
The State ◽  
Public Authority ◽  
Natural Consequence ◽  
Liability Rules ◽  
Stage Of Development

Indemnification of state for legislator’s actions is a special, far-reaching kind of responsibility according to which, the state is responsible for actions of public authority. But we must remember that the responsibility of the state for the actions of public authority is not unitary, but carried out in the framework of several complementary compensation bodies. There is also no doubt, as shown in the description, that the responsibility of the state for legislature is a legal and natural consequence, having its roots in antiquity /Greece, Rome/. Regardless of its evolution, the accepted thesis that this responsibility is an emanation of liability rules in force at the stage of development of the natural law – is, in my opinion, true. This, in turn, fills with the huge optimism because the principle on the basis of which arose this law – namely – that compensation is payable to the victim from the perpetrator of the damage – despite thousands of years of evolution is still in force although in a modified form. The idea of righteous law, therefore, serving the elimination of lawlessness, continuously evaluates.

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