Trying to Make Law Matter: Legal Reform and Labor Law in the Soviet UnionUniversity of Michigan Press, 1996 - 265 頁 One of the most pressing issues of our time is the possibility of rebuilding the rule of law in former Leninist countries as a part of the transition to a market democracy. Despite formal changes in legislation and an increased attention to law in the rhetoric of policymakers, instituionalization of the rule of law has proven to be an immensely difficult challenge. Leninist regimes destroyed popular faith in law and legal institutions and, like other transitional regimes, contemporary post-communist Russia lacks the necessary institutional infrastructure to facilitate the growth of the rule of law. Trying to Make Law Matter provides unique insight into the possibility of creating the rule of law. It is based on Kathryn Hendley's pathbreaking field research into the actual practices of Russian trial courts, lawyers, factory managers, and labor unions, contrasting the idealistic legal pronouncements of workers' rights during the Gorbachev era with tawdry reality of inadequate courts and dispirited workers. Hendley frames her study of Russian law in action with a lively theoretical analysis of the fundamental prerequisites of the rule of law not only as a set of ideals but as a legal system that rests on the participation of rights-bearing citizens. This work will appeal to law, political science, and sociology scholars as well as area specialists and those who study transitions to market democracy. Kathryn Hendley is Professor, Law and Political Science, University of Wisconsin, Madison. |
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第 1 到 3 筆結果,共 76 筆
第 119 頁
... judges think of themselves as impartial and that their views be shared by society.37 But where do these images come from ? One source is undoubtedly the social- ization process that is part and parcel of legal and judicial education ...
... judges think of themselves as impartial and that their views be shared by society.37 But where do these images come from ? One source is undoubtedly the social- ization process that is part and parcel of legal and judicial education ...
第 130 頁
... judges revealed that half were pressured by officials in specific cases.106 Interestingly , the trial court judges I interviewed in early 1990 refused to speak openly about Party interference ( either past or present ) in the decision ...
... judges revealed that half were pressured by officials in specific cases.106 Interestingly , the trial court judges I interviewed in early 1990 refused to speak openly about Party interference ( either past or present ) in the decision ...
第 131 頁
... judges was lost as principle routinely gave way to politics and a partic- ular kind of defensive , partisan politics , designed to maintain the Party's ... judges does not correspond to the reality I observed . The judges The Courts 131.
... judges was lost as principle routinely gave way to politics and a partic- ular kind of defensive , partisan politics , designed to maintain the Party's ... judges does not correspond to the reality I observed . The judges The Courts 131.
內容
Soviet Labor | 49 |
Implementing Labor | 77 |
Obstacles to the Emergence of a Legal State | 111 |
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appeal argued authority basic became become behavior chapter citizens civil claims Code Comparative consent constituted context continued critical decisions demand discussion dismissal duties economic effect effort elections enterprise evidence example existed fact factories failed force function given Gorbachev governing impartiality important independence individual industrial institutional interests internal issue judges judicial judiciary Justice labor law lack largely layoff legal system legislation less management's Marxism matter ment ministries Moscow nature notes officials Party percent period political position practice Press procedural production profkom published question reasons reciprocal records reforms regard reinstatement remained represented result Review role RSFSR rule rule of law Russian scholars serve social society Soviet Union statutory structure suggests Supreme Court tion trade union transfers trial court Trudovoe USSR Western workers York