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"This book examines the development of Russian law from 1649 (the Council Code of Tsar Aleksei Mikhailovich) up to the Bolshevik Revolution of 1917. Most of what happened during this eventful period found reflection in legislation and was in fact brought about by legislation. This applies to the fundamental reforms of the Russian state by Peter the Great, the abolition of serfdom and the agricultural reforms of the 1860's, the creation of a modern system of courts during the same period, and the hesitant introduction of a more democratic system of governance through the Constitution of 1906. The first part of this volume is devoted to a description of the development of Russian legislation during the 1649-1917 period , against the background of political and socio-economic developments; the second part goes into greater detail in a survey of the evolution of public law, criminal law and private law. The previous period of Russian legal history has been the subject of vol. 66 of Law in Eastern Europe: "A History of Russian Law. From Ancient Times to the Council Code (Ulozhenie) of Tsar Aleksei Mikhailovich of 1649", Brill, 2017"--
The beginnings of Russian law are documented by the Russo-Byzantine treaties of the 10th century and the oldest Russian law, the Russkaia Pravda. The tempestuous developments of the following centuries (the incessant wars among the princes, the Mongol invasion, the rise of the Novgorod republic) all left their marks on the legal system until the princes of Muscovy succeeded in reuniting the country. This resulted in the creation of major legislative monuments, such as the Codes of Ivan the Great of 1497 and of Ivan the Terrible of 1550. After the Time of Troubles the Council Code of the second Romanov Tsar, Aleksei, of 1649 became the starting point for the comprehensive Russian codification of the 19th century. The next period of Russian legal history is the subject of vol. 70 of Law in Eastern Europe: “A History of Russian Law. From the Council Code (Ulozhenie) of Tsar Aleksei Mikhailovich of 1649 to the Bolshevik Revolution of 1917”, Brill | Nijhoff, 2023 .
The chapters in this volume are from two Leiden conferences. There, distinguished scholars and practitioners from Russia and the Far Abroad measured the winds of change in the field of private law in post-Soviet Russia: enormous differences from the Soviet period, crucial in supporting post-Soviet changes toward freedom of choice in the marketplaces of goods, services, ideas and political institutions. This volume will enable the reader to further chart the progress made in Russia (and the region) in the revitalization of private and civil law and its impact upon practice and comparative legal studies and to appreciate the role which the distinction between the public and private sectors is seen as playing in the process.
Much of what we know about the colourful Russian middle ages comes from legal sources: the treaties of Russian-Scandinavian warlords with the Byzantine emperors, the gradual penetration of Christianity and Byzantine institutions, the endless game of war and peace among the numerous regional princes, the activities of Hanseatic merchants in the wealthy city-republic of Novgorod, the curious relationships between the Mongol conquerors and Russian rulers and church dignitaries, etc. And, at the even further fringes of medieval Europe, there were the Christian kingdoms of Armenia and Georgia, squeezed between the Islamic empires of Iran and Turkey, but each possessing their elaborate and original legal systems. A discussion of more general questions of legal history and legal anthropology precedes the treatment of these various topics.
The creation of a powerful state by the first Christian rulers of Russia, its subsequent fragmentation and subjugation to the Mongol khan and its determined reassembly by the Muscovy princes - all of this finds its reflection in seven centuries of legal development.
During the last years of its life the Soviet Union turned to law like a dying monarch to his withered God. Its successor, the Russian Federation, has adopted the same posture. In public discourse the phrases civil society and law-governed state have acquired hortatory force, the judges are bidden by law to wear robes, and the Congress and the Supreme Soviet enact and amend statutes with the fervor of one who sees in legislation the path to paradise. (Bernard Rudden, Civil Society and Civil Law, The Revival of Private Law in Central and Eastern Europe.) Somewhat less dramatically, perhaps, the picture is repeated throughout the rest of the post-communist constituency.
During the last two decades Russia has gone through a process of radical political and socio-economic transformation. The legal system has reflected the various stages of this process and has also been a major agent in moving it forward. The country is at a crossroads now. External observers are sharply divided in evaluating the performance and intentions of the Russian leadership. Russia itself is involved in finding out where it stands. What sort of federation does it want to be? How will it define its relationship to Europe and to its former sister republics? The answers to such questions fundamentally affect the future shape of Russian law. At the same time, existing legal structures may predetermine the course Russia will take.