scholarly journals Russian Legal Discourse

2021 ◽  
Vol 7 (4) ◽  
pp. 463-484
Author(s):  
Vladimir Orlov
Keyword(s):  
Legal Discourse ◽  
Civil Liability ◽  
Business Law ◽  
Commercial Law ◽  
Public Regulation ◽  
Commercial Activities ◽  
The Law ◽  
Written Law ◽  
Western Law ◽  
Law Merchant

Due to the nonrecognition of the origin of the business law in the commercial law, or, the law merchant, grown out of the customs and usages of merchants that existed before the emergence of law itself, and which, even in the process of formalizing the law into the legislation, characteristic for the continental law, in respect of commercial activities that introduced its public regulation, has reserved its self-regulatory and dispositive nature, the Russian legal discourse is quite different to what is generally represented as the Western legal discourse. Although Russian business law has been developed under the influence of Western law, the idea of the legislatively established legal surveillance of business activities, where written law is regarded as a progressive means of regulation, plays still an important role, and the breach of the law requirements is a sine qua non condition for civil liability (for damages) in Russia. Keywords: Law, Legal Discourse; Legislation; Praxis, Regulation

The Law of Commerce and Trade

2019 ◽  
pp. 241-262
Author(s):  
Lawrence M. Friedman
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
The United States ◽  
Marine Insurance ◽  
Commercial Law ◽  
History Of ◽  
Commercial Paper ◽  
International Body ◽  
The Law ◽  
Law Merchant

This chapter discusses the history of American commercial law covering the admiralty and general commerce, sale of goods, bankruptcy and insolvency, and contract. American commercial law was deeply and persistently in debt to England. Theoretically, even national sovereignty was no barrier. The laws of admiralty, marine insurance, commercial paper, and sale of goods were not, supposedly, parochial law, English law; they were part of an international body of rules. The law of sales of goods developed greatly in the first half of the nineteenth century. Many, if not most, of the leading cases were English and were adopted in the United States fairly rapidly. Two strains of law—contract and the law merchant—each with a somewhat different emphasis, were more or less godparents of the law of sales.

The Law Merchant and the Common Law Before 1700

1979 ◽  
Vol 38 (2) ◽  
pp. 295-322 ◽  
Author(s):  
J. H. Baker
Keyword(s):  
Canon Law ◽  
Common Law ◽  
Roman Law ◽  
Commercial Law ◽  
Legal Doctrine ◽  
History Of ◽  
The Common ◽  
The Law ◽  
Law Merchant ◽  
Ius Gentium

In 1845 a master of English commercial law wrote that there was “no part of the history of English law more obscure than that connected with the maxim that the law merchant is part of the law of the land.” Since then there have been detailed studies of the medieval law merchant and of the later development of English mercantile law, but the precise status of the law merchant in England and the nature of the process by which it supposedly became fused with the common law remain as obscure as they were in 1845. The obscurity begins with the very concept of the “law merchant,” which has been differently understood by different writers and continues to be used in widely divergent senses. Some have regarded it as a distinct and independent system of legal doctrine, akin in status to Civil or Canon law, and perhaps derived from Roman law. Others have supposed it to be a particular aspect of natural law, or the universal ius gentium, and as such akin to international law.

The Law of Tort

2018 ◽  
Author(s):  
Eva Steiner
Keyword(s):  
Civil Liability ◽  
French Law ◽  
The Law ◽  
Broad Approach ◽  
The Way

This chapter examines the French law of tort. Although French law takes a broad approach to civil liability, when looking more closely at the way in which French judges have dealt with claims in tort, it becomes apparent that the need to avoid extending the scope of civil liability to an unlimited extent has also been present in French law. Indeed, in order to achieve desirable results, French judges have on many occasions used their discretion to interpret restrictively the elastic concepts of fault, damage, and causation. Hence, they end up dismissing claims which, for policy reasons, would have created unjust results or would have opened the gates to a flood of new claims. Thus, even though French judges do not admit to it openly in their judgments, they are influenced as regards the matter of deciding the limits of liability by general policy considerations, especially the ‘floodgates arguments’ which their English counterparts also readily understand.

Fracturing Constitutional Rights: The Prosecution of Alleged Broadcast Infringers in Nigeria

2020 ◽  
pp. 1-15
Author(s):  
Bankole Sodipo
Keyword(s):  
Civil Liability ◽  
Copyright Infringement ◽  
Law Reform ◽  
Constitutional Rights ◽  
Appeal Decision ◽  
Written Law ◽  
Court Of Appeal ◽  
Material Form

Abstract Infringement of broadcasts is often treated as a crime. The Nigerian Constitution guarantees that no-one can be prosecuted for any act that is not prescribed in a written law. Section 20 of Nigeria's Copyright Act only criminalizes dealing with infringing copies. A “copy” is defined in terms of material form. An infringing broadcast therefore connotes a recorded broadcast or a copy of a broadcast. This article argues that, statutorily, not every act that gives rise to civil liability for broadcast copyright infringement constitutes a crime. The article reviews the first broadcast copyright prosecution Court of Appeal decision in Eno v Nigerian Copyright Commission. Eno was unlawfully prosecuted, convicted and imprisoned. The article seeks to stem the wave of prosecutions on the type of charges used in Eno. In the absence of law reform, the prosecutions based on the line of charges in Eno constitute a fracturing of constitutional rights.

Legal Principles, Constitutional Principles, and Judicial Review

2019 ◽  
Vol 67 (4) ◽  
pp. 899-930
Author(s):  
Han-Ru Zhou
Keyword(s):  
Judicial Review ◽  
English Language ◽  
Common Law ◽  
Legal Discourse ◽  
Significant Degree ◽  
Clear Cut ◽  
Logical Connection ◽  
Select Group ◽  
The Law ◽  
Anglo American

Abstract Principles form part and parcel of our law and legal discourse, so much so that we seldom think of what they are and what they entail. For centuries they have been invoked daily to interpret and argue about the law. But when it comes to matters of constitutional law, principles are further called upon to perform a perennially controversial function: to help police the boundaries of state action. In most common law jurisdictions with a written constitution, this function of principles runs against the generally accepted view that the exercise of judicial review must ultimately be governed and restricted by the terms of the national constitution. This Article argues that the exercise of judicial review based on principles is not confined to that view, once the relationship between principles and the constitution is unpacked and recontextualized. While the English-language literature on principles over the past half-century has been dominated by a select group of Anglo-American scholars, there is a wealth of untapped insights from other parts of the world. One of the major contributions by continental legal theorists even predates the earliest modern Anglo-American writings on the subject by more than a decade. Overall, the law literature in common law and civil law systems reveals a significant degree of commonalities in the basic characters of principles despite the absence of initial evidence of transsystemic borrowings. The wider conceptual inquiry also displays a shift in the focus of the debate, from the protracted search for a clear-cut distinction between rules and principles towards a redefinition of principles’ relationship with “written” law, be it in the form of a civil code or a constitutional instrument. From this inquiry reemerge “unwritten” principles not deriving from codified or legislated law although they have been used to develop the law. Translated into the constitutional domain, these unwritten principles bear no logical connection with the terms of the constitution. Their main functions cover the entire spectrum from serving as interpretive aids to making law by filling gaps. The theoretical framework fits with an ongoing four-century-old narrative of the evolution of constitutional principles and judicial review across most common law-based systems. Constitutional principles are another area where Anglo-American law and legal discourse is less exceptional and more universal than what many assume. Throughout modern Western history, legal battles have been fought and ensuing developments have been made on the grounds of principles. Our law and jurisprudence remain based on them.

Western Law, Russian Justice: Dostoevsky, the Jury Trial, and the Law

2006 ◽  
Vol 50 (3) ◽  
pp. 506
Author(s):  
Ronald D. LeBlanc ◽  
Gary Rosenshield
Keyword(s):  
Jury Trial ◽  
The Law ◽  
Western Law
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