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Thomas Jefferson and the Reform of the Virginia Criminal Law 托马斯·杰斐逊与弗吉尼亚刑法改革
Pub Date : 2023-01-01 DOI: 10.31857/s013038640020221-1
M. Filimonova
. In 1779, Thomas Jefferson drafted “A Bill for Proportioning Crimes and Punishments in Cases Heretofore Capital” (also known as “Bill № 64”). This was part of a large-scale reform of the Virginia legislation, which also included the spread of education, the abolition of the entail, and the separation of church and state. But if Jefferson's mentioned initiatives were covered in detail by his biographies, then the reform of criminal law did not attract much attention from researchers. This article is intended to partially fill the gap in the American studies in Russia. The source base of the research includes the papers of Jefferson himself, both the text of the bill under study and the correspondence accompanying it, rough sketches, a summary in “Notes on the State of Virginia”. The works of contemporaries dealing with similar problems are also used. The main objectives of the article are: to analyze Jefferson's reform of Virginia law; to identify the sources of his penological theory; to compare the main provisions of his bill with the American and European legislation of Modern times. The author concludes that the sources of “Bill № 64” were primarily the works of Cesare Beccaria. Yet, Jeffersonian penological theories were no less influenced by the “Anglo–Saxon myth”, that is, the idealization of the Anglo-Saxon period of English history. Hence the extreme inconsistency of the reform under study. Along with humanistic provisions, such as reducing the use of the death penalty, it contained archaic elements (pillory and maiming, the talion principle). Nevertheless, Jefferson's bill had a certain impact on the humanization of criminal law both in Virginia and beyond.
. 1779年,托马斯·杰斐逊起草了“在死刑之前的案件中分配犯罪和惩罚的法案”(也被称为“第64号法案”)。这是弗吉尼亚立法大规模改革的一部分,其中还包括普及教育、废除继承权和政教分离。但是,如果杰斐逊提到的倡议在他的传记中有详细的介绍,那么刑法的改革并没有引起研究者的太多关注。本文旨在部分填补美国在俄研究的空白。研究的来源基础包括杰弗逊本人的论文,包括正在研究的法案的文本和随附的信件,粗略的草图,“弗吉尼亚州笔记”中的摘要。处理类似问题的同时代人的作品也被使用。本文的主要目的是:分析杰斐逊对弗吉尼亚法律的改革;确定其刑罚理论的来源;将其法案的主要条款与近代美国和欧洲的立法进行比较。作者认为,“第64号法案”的来源主要是切萨雷·贝卡利亚的作品。然而,杰斐逊的刑罚理论同样受到“盎格鲁-撒克逊神话”的影响,即对英国历史上盎格鲁-撒克逊时期的理想化。因此,所研究的改革是极不一致的。除了诸如减少使用死刑等人道主义条款外,它还包含了一些过时的内容(鞭刑和残废、塔利安原则)。尽管如此,杰斐逊的法案对弗吉尼亚州和其他州的刑法人性化产生了一定的影响。
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引用次数: 0
Diplomatic Activities of Councillors to the German Princes During the Thirty Years' War, 1618–1648 三十年战争期间议员对德意志诸侯的外交活动(1618-1648)
Pub Date : 2023-01-01 DOI: 10.31857/s013038640023769-3
A. Lazareva
. In this article the author examines the development of the European diplomatic service during the Thirty Years' War, 1618–1648. There was no diplomatic post on the payroll of German princes in the seventeenth century, so it was left to court counsellors to represent the monarch on the foreign policy stage and gather relevant information from outside their dominions, which would influence the choice of international policies. A diplomatic career required a number of factors, among them ancestry, education, and breadth of vision. Practically all of the councillors who represented their patron on the international stage were noblemen, with a few exceptions where a burgher was entrusted with diplomatic functions. All of them were university educated, knew foreign languages and had spent several years abroad travelling. The core responsibilities of counsellors-diplomats included gathering information, which was constantly shifting during the war, and negotiating potential political alliances. Among the duties of diplomatic counsellors, foreign policy activities relating to dynastic marriages occupied a special place. One of the most important qualities of the councillors-diplomats, as repeatedly emphasised in their eulogies, was a pronounced patriotism. The councillors-diplomats themselves saw their diplomatic service as an integral part of their service to the Fatherland. Their patriotism played an important role in shaping German national ideas during the Thirty Years' War, and gradually became an integral part of service in the diplomatic corps.
. 在这篇文章中,作者考察了1618-1648年三十年战争期间欧洲外交服务的发展。在17世纪,德意志诸侯没有外交职位,因此在外交政策舞台上代表君主的是朝廷顾问,他们从自己的领土之外收集相关信息,这将影响国际政策的选择。外交生涯需要许多因素,其中包括血统、教育和视野。几乎所有在国际舞台上代表他们的赞助人的议员都是贵族,只有少数例外,市民被赋予外交职能。他们都受过大学教育,懂外语,还在国外旅行过几年。顾问外交官的核心职责包括收集在战争期间不断变化的信息,以及谈判潜在的政治联盟。在外交参赞的职责中,与王朝联姻有关的外交政策活动占有特殊的地位。正如在他们的悼词中反复强调的那样,议员外交官最重要的品质之一是明显的爱国主义。议员外交官们自己把他们的外交服务看作是他们为祖国服务的一个组成部分。在三十年战争期间,他们的爱国主义在塑造德国民族思想方面发挥了重要作用,并逐渐成为外交使团服务的重要组成部分。
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引用次数: 0
The Formation of the “United Front” Policy of the Comintern and Soviet Foreign Policy of 1921–1922 共产国际“统一战线”政策的形成与苏联1921-1922年的外交政策
Pub Date : 2023-01-01 DOI: 10.31857/s013038640024240-2
A. Shubin
The author examines the policies of the Comintern in the context of the Soviet foreign policy in 1921–1922. He demonstrates that the dynamics of the former was not directly tied to the course of the latter and the turn to the NEP in March 1921. The Comintern had its own internal logic of development. With its help the communist leadership could manoeuvre between a more radical probing of the readiness of the capitalist world for a new wave of revolutionary destabilisation or a moderate policy of prolonged “siege” of capitalism, which involved rapprochement with social democracy under the banner of a “united workers' front”. By early 1922, following sharp discussions on the eve and during the Third Congress of the Comintern, its policies were gradually synchronised with the foreign policy course of Soviet Russia, which allowed rapprochement with West European Social Democracy to be exploited in Soviet foreign interests. However, there was little diplomatic gain from this, and after the failure of the Genoa Conference the Comintern continued to pursue a “united front” policy, no longer directly linked to the objectives of the People's Commissariat for Foreign Affairs, but as the basis of the Communist strategy for the struggle to ascend to power in Western Europe. At the same time, both in negotiations with the Social Democrats and in planning at the Fourth Congress of the Comintern, the Communists prioritised their monopoly on power, regarding the policy of alliances and concessions as tactical and temporary, rejecting the “political NEP” and the pluralist model of multiparty democratic socialism.
作者在1921-1922年苏联外交政策的背景下考察了共产国际的政策。他证明了前者的动力与后者的进程以及1921年3月转向新经济政策没有直接联系。共产国际有其自身的内在发展逻辑。在它的帮助下,共产党领导层可以在更激进地探索资本主义世界是否准备好迎接新一波革命动荡,或采取长期“围困”资本主义的温和政策之间进行调整,这包括在“工人联合阵线”的旗帜下与社会民主党和解。到1922年初,在共产国际第三次代表大会前夕和期间的激烈讨论之后,其政策逐渐与苏俄的外交政策进程同步,这使得与西欧社会民主党的和解得以利用,以实现苏联的对外利益。然而,这几乎没有外交上的收获,在热那亚会议失败后,共产国际继续奉行“统一战线”政策,不再直接与外交事务人民委员部的目标联系在一起,而是作为共产党在西欧夺取政权的斗争战略的基础。与此同时,无论是在与社会民主党的谈判中,还是在共产国际第四次代表大会的规划中,共产党人都优先考虑他们对权力的垄断,将联盟和让步的政策视为策略和暂时的,拒绝“政治新经济政策”和多党民主社会主义的多元模式。
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引用次数: 0
Evolution of Civil Society in Kuwait (1961–2020) 科威特公民社会的演变(1961-2020)
Pub Date : 2023-01-01 DOI: 10.31857/s013038640021372-7
E. Melkumyan
The article is devoted to the analysis of the development of civil society in Kuwait, one of the oil–producing monarchies of the Gulf region, which was distinguished by a high degree of civic activity. The purpose of the article is to trace the stages of the development of civil society in the context of domestic and international situation dynamics. The role of several key political events from the history of the country in the direction of civil activism of its inhabitants is shown The first stage refers to the period when the country gained political independence. At that time, the formation of civil society was influenced by the Kuwaiti crisis, when Iraq put forward claims to Kuwait as part of its state, which led to the growth of civil consciousness.The next stage was the period following the Iraqi aggression against the country in August 1990, creating another factor of civil society mobilization aimed at resisting the occupiers and protecting its national identity. Its further transformation takes place during the mass protests of 2011, to the present state. At that time, civil activity in Kuwait reached a peak level, especially among youth groups, but soon began to decline under the influence of turbulence that became reality of the region and related threats to society as a whole. Mass protests demonstrated that civil activity in Kuwait reached a peak level, especially among youth groups, but soon began to decline under the influence of turbulence that engulfed the region and related threats to society as a whole. The non-governmental organizations that emerged at that time were fragmentary. Most of them were created on the basis of the interests of small groups that solved tasks that had no significance for the broad strata of Kuwaiti society.
这篇文章专门分析科威特公民社会的发展,科威特是海湾地区的产油君主国之一,以高度的公民活动而闻名。本文的目的是在国内外形势动态的背景下,追溯公民社会发展的各个阶段。展示了该国历史上几个关键的政治事件在其居民的公民行动主义方向上的作用。第一阶段是指该国获得政治独立的时期。当时,公民社会的形成受到科威特危机的影响,伊拉克对科威特作为其国家的一部分提出了要求,这导致了公民意识的增长。下一个阶段是1990年8月伊拉克侵略我国之后的时期,这造成了民间社会动员的另一个因素,目的是抵抗占领者和保护其民族特性。它的进一步转变发生在2011年的大规模抗议活动期间,到现在的状态。当时,科威特的民间活动,特别是青年团体的民间活动达到高峰,但由于该地区的现实动荡和对整个社会的相关威胁,活动很快开始减少。大规模抗议活动表明,科威特的民间活动,特别是青年团体的民间活动达到了顶峰,但在席卷该地区的动荡和对整个社会的相关威胁的影响下,很快开始下降。当时出现的非政府组织是零碎的。其中大多数是根据解决对科威特社会广大阶层没有意义的任务的小团体的利益而设立的。
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引用次数: 0
Political Leadership in the Age of Social Networks: A New Collective Monograph of Russian Scholars in International Relations 社交网络时代的政治领导力:俄罗斯国际关系学者的新集体专著
Pub Date : 2023-01-01 DOI: 10.31857/s013038640027510-9
Alexander Kalinin
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引用次数: 0
Female Criminality in Eighteenth-Century Russia: Formulating a Research Problem 18世纪俄罗斯女性犯罪:形成一个研究问题
Pub Date : 2023-01-01 DOI: 10.31857/s013038640021537-8
Anastasia Vidnichuk
Historians argue that the Modern Era was a turning point for the female population of European countries. The Renaissance, the Reformation, the Scientific Revolution and other major events and processes changed gender roles and social customs. To trace the qualitative characteristics of these changes, scholars examine different areas and aspects of women's lives in the past: family, sexuality, work, religion, and crime. The history of female criminality in Europe is now a well-developed and highly relevant field of research. In this article the author analyses Western historiography on the subject, identifies peculiarities of the historical context, sources and methods of processing them, and outlines possible approaches to the study of female criminality in modern Russia. The study of female criminality in eighteenth-century Russia is not only possible but also very promising. Nevertheless, scholars need to take into account the difference between the Russian and European historical contexts, as well as the nature of the sources. If properly approached, the study of female criminal behaviour in Russia and its comparison with European experience offers the historian an opportunity to look at Russian society and government in the period in question through new perspectives.
历史学家认为,近代是欧洲国家女性人口的转折点。文艺复兴、宗教改革、科学革命等重大事件和进程改变了性别角色和社会习俗。为了追踪这些变化的定性特征,学者们研究了过去女性生活的不同领域和方面:家庭、性、工作、宗教和犯罪。欧洲女性犯罪史现在是一个发展良好且高度相关的研究领域。在本文中,作者分析了西方关于这一主题的史学,确定了历史背景、来源和处理方法的特殊性,并概述了研究现代俄罗斯女性犯罪的可能途径。研究十八世纪俄罗斯的女性犯罪不仅是可能的,而且是非常有前途的。然而,学者们需要考虑到俄罗斯和欧洲历史背景的差异,以及资料来源的性质。如果处理得当,对俄罗斯女性犯罪行为的研究及其与欧洲经验的比较,为历史学家提供了一个从新的角度看待俄罗斯社会和政府的机会。
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引用次数: 0
Nikolay Charykov and Friedrich Martens: The Careers of Two Diplomats 尼古拉·查里科夫和弗里德里希·马滕斯:两位外交官的职业生涯
Pub Date : 2023-01-01 DOI: 10.31857/s013038640018084-0
O. Chernov
Nikolay Charykov and Friedrich Martens played a significant role in shaping the international security system. However, their activities at the Second Hague Conference went beyond cooperation and solidarity. The purpose of the article is to identify the reasons for the disagreement between the two diplomats. The author believes that the reasons for the discord between Charykov and Martens went beyond the proceedings of the Second Hague Peace Conference.One should pay attention to the formation periods for the diplomats, the elements of their views and value systems. The author demonstrates that the life paths of both Charykov and Martens were in many ways similar, yet had significant differences as well. The author points out that there were no significant differences between Charykov and Martens on the fundamental issues of the formation of the international security system. Both believed that international relations should be shaped through the development of international security institutions and the creation of international law.The reasons for the enmity between the two diplomats were subjective. Martens disliked Charykov because, due to his background, the latter was higher in the hierarchy, which guaranteed him, according to tradition established in the Ministry for Foreign Affairs of the Russian Empire, an advantage in obtaining appointments.
尼古拉·查里科夫和弗里德里希·马滕斯在形成国际安全体系方面发挥了重要作用。然而,它们在第二次海牙会议上的活动超越了合作与团结。这篇文章的目的是找出两位外交官意见不合的原因。作者认为,查里科夫和马滕斯之间不和的原因超出了第二次海牙和平会议的议事程序。要注意外交家的形成时期,他们的观点和价值体系的构成要素。作者证明,查里科夫和马滕斯的人生道路在许多方面相似,但也有显著的差异。作者指出,在国际安全体系形成的根本问题上,查里科夫和马滕斯没有明显的分歧。双方都认为,应通过发展国际安全机构和制定国际法来塑造国际关系。这两位外交官之间产生敌意的原因是主观的。马滕斯不喜欢查里科夫,因为由于他的背景,后者在等级制度中地位较高,根据俄罗斯帝国外交部建立的传统,这保证了他在获得任命方面的优势。
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引用次数: 0
Was the German Confederation an Obstacle to National Unity? (M. Kreutzmann. Föderative Ordnung und nationale Integration im Deutschen Bund 1816–1848. Göttingen, 2022) 联邦州宪法是什么?m (Kreutzmann .联邦国家统一1816—1848年。哥廷根,2022年)
Pub Date : 2023-01-01 DOI: 10.31857/s013038640025417-6
Pavel Datsenko
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引用次数: 0
The Luxury of Idleness and Everyday Work of Tutors (A.V. Chudinov. French Tutors in Russia. The History of a Family. Moscow, 2022) 闲暇的奢侈与家庭教师的日常工作》(A.V. Chudinov.俄罗斯的法国家庭教师。一个家庭的历史。莫斯科,2022 年)
Pub Date : 2023-01-01 DOI: 10.31857/s013038640027033-4
Andrey Gladyshev
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引用次数: 0
“Our World Has Just Discovered Another Worldˮ: How the Discovery of the New World Influenced the Historical Consciousness of the Sixteenth-Century French Humanists 《我们的世界刚刚发现了另一个世界:新世界的发现如何影响16世纪法国人文主义者的历史意识
Pub Date : 2023-01-01 DOI: 10.31857/s013038640025169-3
Dmitrij Samotovinskij
The author examines the influence of the discovery of the New World on the historical consciousness of the French humanists of the sixteenth century. A study of the Latin treatises of Jean Fernel (1548), Jean Bodin (1566), the French works of Louis Le Roy (1567, 1575) and Michel de Montaigne (1580, 1588), allows one to challenge the idea established in historiography, according to which the discovery of the New World, the appreciation of new achievements, such as the compass, artillery, and printing, led humanists not only to recognise the superiority of their time over the antiquity, but also to the “idea of progress”. Indeed, French humanists, referring to modern geographical discoveries and unprecedented inventions, proclaimed the superiority of their era over antiquity in knowledge of the world, declared that their contemporaries had transcended antique experience, learned the whole of the globe and transformed the world into a single space of exchange and trade for the first time. Critical position of De Montaigne, who disputed the exhaustive nature of modern geographical discoveries and the innovative nature of a number of inventions, did not spread, because it did not meet the needs of humanists in high historical self-esteem. It was this need that often led intellectuals of the epoch to compare “our age” and antiquity and to be convinced of the superiority of modernity. However, the idea of the superiority of the modern era never developed into the “idea of progress” in the culture of French humanism. For humanists, this complex conception, according to which humanity moved successively towards a desirable image of the future, was both superfluous (in terms of satisfying the need for a high historical self-esteem) and inconsistent with their world view. The conditions for the birth of the idea of progress emerged only in the eighteenth century, within the culture of the Enlightenment. The humanists' understanding of history was based on the idea of cycles, the idea that human civilization, once established, would periodically reach its peak and then inevitably decline. This was borne out by all the historical experience available to humanists.
作者考察了新大陆的发现对16世纪法国人文主义者历史意识的影响。拉丁语的研究论文的琼Fernel(1548),琼博丹(1566),法国的路易斯·勒罗伊(1567、1575)和蒙田(1580、1588),允许一个挑战的想法成立于史学,新大陆的发现,人民币升值的新成就,如指南针、火炮,印刷,导致人文主义者不仅承认他们的时间在古代的优越性,但也“进步”的概念。事实上,法国人文主义者在提到现代地理发现和前所未有的发明时,宣称他们的时代在世界知识方面优于古代,宣称他们的同时代人已经超越了古代的经验,了解了整个地球,并首次将世界转变为一个单一的交换和贸易空间。德蒙田的批判立场,他对现代地理发现的穷尽性和许多发明的创新性提出了质疑,但没有得到传播,因为它不符合人文主义者高度历史自尊的需要。正是这种需要,常常使那个时代的知识分子将“我们的时代”与古代进行比较,并相信现代性的优越性。然而,近代优越性的观念在法国人文主义文化中并没有发展成为“进步观念”。对于人文主义者来说,这种复杂的概念,即人类不断走向理想的未来形象,既是多余的(就满足对高度历史自尊的需要而言),也与他们的世界观不一致。进步观念诞生的条件只出现在18世纪的启蒙文化中。人文主义者对历史的理解是基于周期的观点,即人类文明一旦建立,就会周期性地达到顶峰,然后不可避免地衰落。人文主义者可以获得的所有历史经验都证明了这一点。
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