The Development of a Russian Legal Consciousness

Wortman, Richard

doi:10.7208/chicago/9780226907772.001.0001

Cited by 186 publications

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“…56 Nethertheless, the judges used their right of interpretation, and often tended to rely on the principles of jurisprudence that they were taught at universities and lecées, rather than a letter of a particular article from the Digest. 57 One of the great accomplishments of the court reform was making legal defense a regular part of a criminal trial. Notwithstanding the government's efforts to exert more control over the liberalization process, the court reform brought its fruit: among which the most remarkable was the emergence of Russian lawyers (advokaty or prisiazhnye poverennye).…”

Section: Legalistic Challenge To the Digestmentioning

confidence: 99%

The Digest of Laws of the Russian Empire: The Phenomenon of Autocratic Legality

Borisova

2012

Law hist. rev.

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Researchers of the history of late imperial Russia quite often base their studies on the texts of laws as recorded in the official edition: the Complete Collection of the Laws of the Russian Empire (Polnoe Sobranie zakonov Rossiiskoi imperii). The laws were published there in chronological order for purposes of conducting inquiries; it was specifically the Complete Collection in which the original text of a decree approved by the emperor could generally be found.

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Section: Legalistic Challenge To the Digestmentioning

confidence: 99%

The Digest of Laws of the Russian Empire: The Phenomenon of Autocratic Legality

Borisova

2012

Law hist. rev.

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“…The law was now perceived as embodying normative standards and values. This culture was related both to the anglo-saxon notion of the rule 18 Theodore Taranovski, The Politics of Counter-Reform, Autocracy and Bureaucracy in the Reign of Alexander III, 1881-1894(1976. This work analyzes government institutions of the 19 th century, the relationship between the tsar and the civil service, the evolution of bureaucracy and its ideologies, and political conflicts within the autocracy.…”

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confidence: 99%

Constitutionalism and Political Culture in Imperial Russia (Late 19th – Early 20th Century)

Taranovski

2019

BRICS law journal

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This article analyzes the possibility of development of liberal constitutionalism in the Russian Empire during the post-reform period in the late 19th – early 20th century within the context of European history, of which Russia was an integral component. It argues that the Russian autocracy had the potential to transform itself into a constitutional monarchy during the period that followed the Great Reforms of the 1860s (1861–1881) and, second, during the Revolution of 1905–1906 and in its aftermath. This promising evolutionary process was cut short by World War I and rejected by the Soviet period of Russian history that followed. Obstacles to constitutional government were mostly objective in character, but perhaps the most significant problem was the fragmentation and insufficient development of Russian political culture, or better said, cultures that failed to produce the consensus required for effective creation and functioning of a constitutional regime. This failure was further exacerbated by an evolutionary radicalization of revolutions in modern European history that culminated in October 1917. The author concludes that the events of the late 1980s and the Revolution of 1991 changed the character of the Russian historical landscape and provided the potential for renewed development of a pluralistic political system and a strong civil society that is its precondition.

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“…Scholarship on Imperial Russian law remains limited. Wortman, Development , describes the development of the Russian law code and legal institutions in general, and Wagner, Marriage, property, and law , explains Imperial Russian marriage and property law, but Imperial Russian commercial law is poorly understood. Owen, Corporation under Russian law , and Shepelev, Aktsionernye kompanii v Rossii , present comprehensive narratives of the development of Russian corporations, but do not stress empirical evaluations of corporate responses to particular legislative changes.…”

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Shareholder rights and share capital: the effect of the 1901 Russian Corporation Reform, 1890–1905

Gregg

2016

The Economic History Review

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During the nineteenth and early twentieth centuries, western European countries introduced general incorporation and additional flexible enterprise forms, but the Russian Empire left its concession system of incorporation in place. The Empire's only major corporation reform, the 1901 law, strengthened minority shareholder rights and removed bankers from boards of directors for certain corporations. The reform offers a rare opportunity to examine the financial effects of improving corporations' principal-agent relationships through regulation, because the reform did not affect all corporations equally. Corporations affected by the reform had smaller total share capital, fewer shares, and higher par values for shares as observed in 1905. The new regulations may have increased the cost of having shareholders and hence disciplined corporations' founders to be more conservative in raising capital by issuing stock. Removing bankers from boards of directors may have removed an important source of firms' founding capital, though corporations could easily evade this provision. The results also show that, although the commercial code treated all corporations equally, there were two major groups of Russian corporations that behaved differently, and, despite the fact that corporate charters could grant individual exceptions to the commercial code, a revision in the commercial code changed corporations' behaviour.

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The Development of a Russian Legal Consciousness

Abstract: Dieser Beitrag kann vom Nutzer zu eigenen nicht-kommerziellen Zwecken heruntergeladen und/oder ausgedruckt werden. Darüber hinausgehende Nutzungen sind ohne weitere Genehmigung der Rechteinhaber nur im Rahmen der gesetzlichen Schrankenbestimmungen ( § § 44a-63a UrhG) zulässig.

Cited by 186 publications

References 0 publications

The Digest of Laws of the Russian Empire: The Phenomenon of Autocratic Legality

The Digest of Laws of the Russian Empire: The Phenomenon of Autocratic Legality

Constitutionalism and Political Culture in Imperial Russia (Late 19th – Early 20th Century)

Shareholder rights and share capital: the effect of the 1901 Russian Corporation Reform, 1890–1905

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