David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
This Article will demonstrate how, throughout the 20th century, American scholarship on Russian law has not progressed as a steady accumulation of facts, but instead has been driven by changing American political anxieties and hopes regarding Russia's political place in the world. Although such politicization might have been excusable when Russia lay closed to the West, it is unacceptable today, as there are now unprecedented opportunities to engage in empirical research on Russian law. To facilitate a more empirical and accurate understanding of Russian law, this Article will propose the creation of an ideal type model for Russia law that will operate much the way the civil law and common law ideal types do in classifying and comparing Western European and North American legal systems. Scholars should begin the construction of this ideal type by exploring whether Russian law is sufficiently different from the civil law family to merit another ideal type. This ideal type approach will normalize our understanding of Russian law, encouraging us to ask the same questions of Russia's legal system as we do of other European legal systems. Such normalization will also help us better understand contentious debates surrounding Russian law, including whether it is a Western style legal system, the effectiveness of rule of law promotion, and suitability of western legal transplants in the region.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Andrzej Walicki (1987). Legal Philosophies of Russian Liberalism. Oxford University Press.
Elena Pribytkova (2009). Personality, Person, Subject in Russian Legal Philosophy at the Turn of the Twentieth Century. Studies in East European Thought 61 (2/3):209 - 220.
Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
Peter Morton (1998). An Institutional Theory of Law: Keeping Law in its Place. Oxford University Press.
Neil MacCormick (2007). Institutions of Law: An Essay in Legal Theory. Oxford University Press.
Frances Nethercott (2009). The Concept of Lichnost' in Criminal Law Theory, 1860s-1900s. Studies in East European Thought 61 (2/3):189 - 196.
John Arthur & William H. Shaw (eds.) (2010). Readings in the Philosophy of Law. Pearson Prentice Hall.
John B. Quigley (2007). Soviet Legal Innovation and the Law of the Western World. Cambridge University Press.
Added to index2009-01-28
Total downloads3 ( #461,337 of 1,724,771 )
Recent downloads (6 months)0
How can I increase my downloads?