Until the nineteenth century, the Russian legal system was subject to an administrative hierarchy headed by the tsar, and the courts were expected to enforce, not interpret the law. Richard S. Wortman here traces the first professional class of legal experts who emerged during the reign of Nicholas I (1826 – 56) and who began to view the law as a uniquely modern and independent source of authority. Discussing how new legal institutions fit into the traditional system of tsarist rule, Wortman analyzes how conflict arose from the same intellectual processes that produced legal reform. He ultimately demonstrates how the stage was set for later events, as the autocracy and judiciary pursued contradictory—and mutually destructive—goals.

Following the emancipation of the serfs in 1861, and again during the Gorbachev and Yel’tsin eras, the issue of individual legal rights and freedoms occupied a central place in the reformist drive to modernize criminal justice. While in tsarist Russia the gains of legal scholars and activists in this regard were few, their example as liberal humanists remains important today in renewed efforts to promote juridical awareness and respect for law. A case in point is the role played by Vladimir Solov’ev. One of Russia’s most celebrated moral philosophers, his defence of the ‘right to a dignified existence’ and his brilliant critique of the death penalty not only contributed to the development of a legal consciousness during his lifetime, but also inspired appeals for a more humane system of justice in post-Soviet debate. This book addresses the issues involved and their origins in late Imperial legal thought. More specifically, it examines competing theories of crime and the criminal, together with various prescriptions for punishment respecting personal inviolability. Charting endeavours of the juridical community to promote legal culture through reforms and education, the book also throws light on aspects of Russian politics, society and mentality in two turbulent periods of Russian history.

This new and abridged edition of Scenarios of Power is a concise version of Richard Wortman's award-winning study of Russian monarchy from the seventeenth century until 1917. The author breaks new ground by showing how imperial ceremony and imagery were not simply displays of the majesty of the sovereign and his entourage, but also instruments central to the exercise of absolute power in a multinational empire. In developing this interpretation, Wortman presents vivid descriptions of coronations, funerals, parades, trips through the realm, and historical celebrations and reveals how these ceremonies were constructed or reconstructed to fit the political and cultural narratives in the lives and reigns of successive tsars. He describes the upbringing of the heirs as well as their roles in these narratives and relates their experiences to the persistence of absolute monarchy in Russia long after its demise in Europe.

The author aims to show that the liberal intellectual tradition in pre-revolutionary Russia was in fact much stronger than is usually believed, the main concern of Russia's liberal thinkers being the problem of the rule of law. He concentrates on six thinkers: Chicherin, Soloviev, Petrzycki, Novgorodtsev, Kistiakovsky, and Hessen. Annotation copyright by Book News, Inc., Portland, OR

Since the end of the Cold War the relationship between the internal constitution of a state and its international behaviour has been a subject of much scholarly interest. Assuming that this connection matters the author analyses the transformation from the USSR to the Russian Federation. Does a liberal Russia behave better than the non-liberal USSR? Are Russia's attitudes towards international law different than those of the former USSR? How much continuity is there and how much change has occurred in the scholarship of international law in Russia? How are Russia's treaties made and implemented? What is the role of international law in the Russian legal system? The author shows that international human rights played an important role in the Soviet perestroika and in the subsequent reforms in the Russian Federation. She argues that at the surface level the transformation in Russia has been remarkable, notably so with regard to the role of international law in the domestic legal system. Drawing from a wide range of materials - Soviet/Russian history, legislation, court cases and doctrinal writings - the book takes a cultural and historical perspective to analysis of legal change.

This volume examines the elements of formalism and decisionism in Russian legal thinking and, also, the impact of conservatism on the interplay of these elements. This combination leads to internal contradictions in theorizing about law and rights in Russian legal culture.

This study traces the development of the Soviet Bar through periods of legal nihilism and legal revival to its final integration into the Soviet order at the end of the 1930s--a story of uncertainty and conflict in the Bolshevik ranks over the role of the lawyer under socialism and one of resistance to Soviet power by a profession jealous of its own autonomy. Originally published in 1986. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Ivan Aleksandrovich Il'in (1883-1954) has become in post-Soviet Russia one of the most eminent legal philosophers of the twentieth century. This volume brings to an international readership for the first time what is perhaps the most impassioned and prescient work by a Russian jurist in support of the rule of law. Il'in has heretofore been accessible only to those who have a command of Russian, German, or, exceptionally French, and even then primarily in circles where Russian émigré literature circulated. Originally written and in galley proofs between 1916 and 1919, the final work on legal consciousness was not published until 1956 in Germany and only in the 1990s in Russia, where it has generated considerable impact. Il'in's most original and influential contribution to legal theory, this long-awaited English translation will inform discussions of legal consciousness for decades to come. Il'in's monograph is accompanied by one of his early and influential articles on concepts of law and power and by essays devoted to Il'in and the rule of law; the origin and transformations of the concept of legal consciousness, and the origins of Il'in's treatise on legal consciousness, a glossary of key legal terms, and a bibliography of works by or devoted to Il'in.

Renovating Russia is a richly comparative investigation of late Imperial and early Soviet medico-scientific theories of moral and social disorder. Daniel Beer argues that in the late Imperial years liberal psychiatrists, psychologists, and criminologists grappled with an intractable dilemma. They sought to renovate Russia, to forge a modern enlightened society governed by the rule of law, but they feared the backwardness, irrationality, and violent potential of the Russian masses. Situating their studies of degeneration, crime, mental illness, and crowd psychology in a pan-European context, Beer shows how liberals' fears of societal catastrophe were only heightened by the effects of industrial modernization and the rise of mass politics. In the wake of the orgy of violence that swept the Empire in the 1905 Revolution, these intellectual elites increasingly put their faith in coercive programs of scientific social engineering. Their theories survived liberalism's political defeat in 1917 and meshed with the Bolsheviks' radical project for social transformation. They came to sanction the application of violent transformative measures against entire classes, culminating in the waves of state repression that accompanied forced industrialization and collectivization. Renovating Russia thus offers a powerful revisionist challenge to established views of the fate of liberalism in the Russian Revolution.