Pub Date : 2024-08-08DOI: 10.18572/1812-3805-2024-8-30-37
Aleksey P. Albov, Vladislav Yu. Panchenko
The theoretical provisions on the laws of legal evidence formulated by the American lawyer, teacher and sociologist of law Roscoe Pound (1870–1964) in the work “The Ideal Element in Law” (1958) are considered. It is substantiated that the theoretical provisions of R. Pound are hardly justified in being considered as limitations of legal regulation; they rather fix a number of objective patterns immanent in the functioning of law as a special normative system, acting only through human activity, which will not lose their significance in the future. They are as follows: a combination in legal proof of the principles of formal and free assessment of evidence; the use in the process of legal proof of legal-factual fictions — irrefutable cognitive constructions, regarding which it is unclear whether they are true or false in a particular case, but accepted as established factual circumstances; the impossibility of establishing the truth in the process of legal proof. It is shown that the requirement to establish the truth in a legal matter (material, objective or any other) obviously goes beyond the limits of cognitive capabilities, and the circumstances to be proven can only be established with varying degrees of reliability, based on the available traces of a legal fact.
{"title":"R. Pound’s Ideas on Legal Proof Patterns and the Modern Era","authors":"Aleksey P. Albov, Vladislav Yu. Panchenko","doi":"10.18572/1812-3805-2024-8-30-37","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-8-30-37","url":null,"abstract":"The theoretical provisions on the laws of legal evidence formulated by the American lawyer, teacher and sociologist of law Roscoe Pound (1870–1964) in the work “The Ideal Element in Law” (1958) are considered. It is substantiated that the theoretical provisions of R. Pound are hardly justified in being considered as limitations of legal regulation; they rather fix a number of objective patterns immanent in the functioning of law as a special normative system, acting only through human activity, which will not lose their significance in the future. They are as follows: a combination in legal proof of the principles of formal and free assessment of evidence; the use in the process of legal proof of legal-factual fictions — irrefutable cognitive constructions, regarding which it is unclear whether they are true or false in a particular case, but accepted as established factual circumstances; the impossibility of establishing the truth in the process of legal proof. It is shown that the requirement to establish the truth in a legal matter (material, objective or any other) obviously goes beyond the limits of cognitive capabilities, and the circumstances to be proven can only be established with varying degrees of reliability, based on the available traces of a legal fact.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"72 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141926703","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-08-08DOI: 10.18572/1812-3805-2024-8-17-23
A. Akhmatov
The paper examines some methodological foundations for the study of legality as a historical and legal phenomenon. It is noted that historically the development of ideas about the state and law did not have an identical and synchronous character in various civilizations and eras of human history, which could not but affect the evolution of ideas about both law and legality. The article reveals the problems of the relationship between the historical and the logical within the framework of the study of legality, incl. the question of the moment in time of the emergence of legality in the context of customary law as the primary source of “proto-legality”. It is argued that multilinearity is an immanent vector of the evolution of legality as a general legal phenomenon, reflecting the connection of law with public consciousness in the context of the dynamics of diverse sociocultural systems. The work describes the mechanism of cognition of the patterns of legality and notes that the pattern of development of legality is the establishment of punishment against the offender by the state as a way of ensuring the rule of law, which can be found in almost any fundamental historical legal monument.
{"title":"Historical and Methodological Features of Legality as a General Legal Category","authors":"A. Akhmatov","doi":"10.18572/1812-3805-2024-8-17-23","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-8-17-23","url":null,"abstract":"The paper examines some methodological foundations for the study of legality as a historical and legal phenomenon. It is noted that historically the development of ideas about the state and law did not have an identical and synchronous character in various civilizations and eras of human history, which could not but affect the evolution of ideas about both law and legality. The article reveals the problems of the relationship between the historical and the logical within the framework of the study of legality, incl. the question of the moment in time of the emergence of legality in the context of customary law as the primary source of “proto-legality”. It is argued that multilinearity is an immanent vector of the evolution of legality as a general legal phenomenon, reflecting the connection of law with public consciousness in the context of the dynamics of diverse sociocultural systems. The work describes the mechanism of cognition of the patterns of legality and notes that the pattern of development of legality is the establishment of punishment against the offender by the state as a way of ensuring the rule of law, which can be found in almost any fundamental historical legal monument.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"48 24","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141927941","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-08-08DOI: 10.18572/1812-3805-2024-8-38-44
Nikita S. Lipen
The article considers the principle of legality of law-making activity, identifies approaches to its justification and content in the second half of the twentieth and early 21st centuries. The modern requirements of legality to the system of normative legal acts are characterized.
{"title":"The Principle of Legality in the Theory of Lawmaking Activity (from the Second Half of the 20th Century to the Early 21st Century)","authors":"Nikita S. Lipen","doi":"10.18572/1812-3805-2024-8-38-44","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-8-38-44","url":null,"abstract":"The article considers the principle of legality of law-making activity, identifies approaches to its justification and content in the second half of the twentieth and early 21st centuries. The modern requirements of legality to the system of normative legal acts are characterized.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"3 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141926059","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-08-08DOI: 10.18572/1812-3805-2024-8-2-8
Igor A. Isaev
The article examines the specific features of medieval ideology of power at the final stages of their transformation on the way to the new-time ideological constructions, the process of secularization, and the jurisdiction of theological doctrines and concepts.
{"title":"Medieval Polity: The Real in the Unreal","authors":"Igor A. Isaev","doi":"10.18572/1812-3805-2024-8-2-8","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-8-2-8","url":null,"abstract":"The article examines the specific features of medieval ideology of power at the final stages of their transformation on the way to the new-time ideological constructions, the process of secularization, and the jurisdiction of theological doctrines and concepts.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"22 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141926253","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-08-08DOI: 10.18572/1812-3805-2024-8-24-29
S. Mitina
The article uncovers the technologies of labor mobilization in Russia during the period of 1920–1921, with a particular focus on the Ilmensky District Office of the Mariinsky Water Transport Administration. It was during this period that the principles of mobilization technologies, which had been applied with varying degrees of intensity throughout the history of the Soviet state, were established as the basis of Soviet labor law.
{"title":"The Mobilization of Labor in the RSFSR During the Civil War (Based on the Materials of the Ilmensky District Office of the Mariinsky Water Transport Administration)","authors":"S. Mitina","doi":"10.18572/1812-3805-2024-8-24-29","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-8-24-29","url":null,"abstract":"The article uncovers the technologies of labor mobilization in Russia during the period of 1920–1921, with a particular focus on the Ilmensky District Office of the Mariinsky Water Transport Administration. It was during this period that the principles of mobilization technologies, which had been applied with varying degrees of intensity throughout the history of the Soviet state, were established as the basis of Soviet labor law.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"3 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141929114","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-08-08DOI: 10.18572/1812-3805-2024-8-45-52
Konstantin E. Sigalov, David S. Davidov
The article analyzes and characterizes the main conventional values of the legal culture of Israel. These values form the basis of the legal system of any State. In turn, Israel is very diverse in its ethnic, religious and cultural composition. This has happened historically. This determines the specifics of the basic conventional values and meanings in the legal culture of Israel, as well as the legal discourse in which they are formed. Attention is focused on the cultural and historical nature of values, legal these values.
{"title":"Basic Conventional Values and Narratives in the Legal Culture of Israel","authors":"Konstantin E. Sigalov, David S. Davidov","doi":"10.18572/1812-3805-2024-8-45-52","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-8-45-52","url":null,"abstract":"The article analyzes and characterizes the main conventional values of the legal culture of Israel. These values form the basis of the legal system of any State. In turn, Israel is very diverse in its ethnic, religious and cultural composition. This has happened historically. This determines the specifics of the basic conventional values and meanings in the legal culture of Israel, as well as the legal discourse in which they are formed. Attention is focused on the cultural and historical nature of values, legal these values.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"3 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141925665","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-08-08DOI: 10.18572/1812-3805-2024-8-53-59
Lyubov Kostogryzova
In the absence of specialized education for representatives of different professions in Byzantium, legal education was an exception. As early as the 3rd century a law school was opened in Beirut, then in Constantinople (425) and in other cities. Emperor Justinian included “Institutions” in the Corpus Juris Civilis specifically for young people studying law. In the VI–VIII centuries, the professional training of lawyers continued, but there was a crisis in it. Constantine IX Monomakh published a novel about the creation of a law school headed by nomophilax in the middle of the XI century. But it did not last long, and up to the middle of the 15th century lawyers were engaged in independent study of law (αυτοδιδασκαλια), resorting to the help of practicing lawyers. The services of lawyerstabularies were used by the whole population, lawyers became officials, judges, participated in the preparation of laws and their codification. The high level of legal consciousness of the Byzantines led to a growing interest in legal education.
{"title":"Legal Education in Byzantium in the 6th to the 15th Century","authors":"Lyubov Kostogryzova","doi":"10.18572/1812-3805-2024-8-53-59","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-8-53-59","url":null,"abstract":"In the absence of specialized education for representatives of different professions in Byzantium, legal education was an exception. As early as the 3rd century a law school was opened in Beirut, then in Constantinople (425) and in other cities. Emperor Justinian included “Institutions” in the Corpus Juris Civilis specifically for young people studying law. In the VI–VIII centuries, the professional training of lawyers continued, but there was a crisis in it. Constantine IX Monomakh published a novel about the creation of a law school headed by nomophilax in the middle of the XI century. But it did not last long, and up to the middle of the 15th century lawyers were engaged in independent study of law (αυτοδιδασκαλια), resorting to the help of practicing lawyers. The services of lawyerstabularies were used by the whole population, lawyers became officials, judges, participated in the preparation of laws and their codification. The high level of legal consciousness of the Byzantines led to a growing interest in legal education.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"19 18","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141927275","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-08-08DOI: 10.18572/1812-3805-2024-8-60-69
R. Romashov, Larisa A. Paseshnikova, Viktor A. Kovalev
A couple of decisive issues of contemporary world-system and international law structure crisis were discussed in participant’s topics. Also possible consequences of the growing confrontation between Russia and friendly states on the one hand and the “collective West” on the other, along with tools and methods of the contemporary controversies solution became an discussion’s subject. It was noticed that multipolar world formation requires a decisive actions to guarantee the mutual respect, equality and profit of all actors of the international political process instead of hegemonism and rule by force, dialogue and cooperation instead of rivalry and confrontation. It was emphasied that Russian law scientists have to form their own scintific-based vision of the multipolar world. This consception should be essential and high-demanded, ensuring trust, good-neighborliness and partnership in the interests of the common good.
{"title":"Modern International Legal Space of Dialogue Between Cultures and Civilizations (an Analytical Review of the Proceedings of the 22nd International Likhachev Scientific Readings. St. Petersburg, April 12–13, 2024)","authors":"R. Romashov, Larisa A. Paseshnikova, Viktor A. Kovalev","doi":"10.18572/1812-3805-2024-8-60-69","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-8-60-69","url":null,"abstract":"A couple of decisive issues of contemporary world-system and international law structure crisis were discussed in participant’s topics. Also possible consequences of the growing confrontation between Russia and friendly states on the one hand and the “collective West” on the other, along with tools and methods of the contemporary controversies solution became an discussion’s subject. It was noticed that multipolar world formation requires a decisive actions to guarantee the mutual respect, equality and profit of all actors of the international political process instead of hegemonism and rule by force, dialogue and cooperation instead of rivalry and confrontation. It was emphasied that Russian law scientists have to form their own scintific-based vision of the multipolar world. This consception should be essential and high-demanded, ensuring trust, good-neighborliness and partnership in the interests of the common good.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"21 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141928461","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-04-11DOI: 10.18572/1812-3805-2024-4-50-61
Kirill A. Sitnikov
The article is devoted to the problem of legal regulation of the activities of officers of the police guard of the Russian Empire, whose positions were introduced in 1906 as part of one of the “micro-reforms” of the county police. On the basis of a significant array of archival materials (some of which are being introduced into scientific circulation for the first time), the regulatory support for the establishment and recruitment of police officers, their awarding and promotion to ranks, social guarantees, horse stock and uniforms is being considered. Special attention is paid to the duties of managing the combat unit of the police guard. The conclusion is made about the duality of the legal status of the officers of the guard, who were considered to have been on active military service and, according to their rights and duties, were, in many respects, in equivalent conditions with representatives of a Separate corps of gendarmes.
{"title":"The Legal Status of Officers of the District Police Guard of the Russian Empire","authors":"Kirill A. Sitnikov","doi":"10.18572/1812-3805-2024-4-50-61","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-4-50-61","url":null,"abstract":"The article is devoted to the problem of legal regulation of the activities of officers of the police guard of the Russian Empire, whose positions were introduced in 1906 as part of one of the “micro-reforms” of the county police. On the basis of a significant array of archival materials (some of which are being introduced into scientific circulation for the first time), the regulatory support for the establishment and recruitment of police officers, their awarding and promotion to ranks, social guarantees, horse stock and uniforms is being considered. Special attention is paid to the duties of managing the combat unit of the police guard. The conclusion is made about the duality of the legal status of the officers of the guard, who were considered to have been on active military service and, according to their rights and duties, were, in many respects, in equivalent conditions with representatives of a Separate corps of gendarmes.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"19 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140714236","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-04-11DOI: 10.18572/1812-3805-2024-4-28-33
Vladimir N. Koval
This article discusses some features of the development of economic legal proceedings in the Crimea during the period of the Russian Empire. Taking into account the fact that the system was formed on the specified territory much later — since 1787, administrative and judicial institutions began to be created on its territory. At the same time, this process was organized according to the rules that were applied to the courts of the Russian Empire with the preservation of their form and powers.
{"title":"The Development of Judicial Proceedings in the Crimea from the Late 18th to the Early 20th Century","authors":"Vladimir N. Koval","doi":"10.18572/1812-3805-2024-4-28-33","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-4-28-33","url":null,"abstract":"This article discusses some features of the development of economic legal proceedings in the Crimea during the period of the Russian Empire. Taking into account the fact that the system was formed on the specified territory much later — since 1787, administrative and judicial institutions began to be created on its territory. At the same time, this process was organized according to the rules that were applied to the courts of the Russian Empire with the preservation of their form and powers.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"10 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140714529","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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