Reforming Justice in Russia, 1864-1996: Power, Culture, and the Limits of Legal Order

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Peter H. Solomon
M.E. Sharpe, 1997 - 406 頁
At each of its great historical junctures, Russia has undergone major legal reforms, without ever truly establishing "the rule of law". We are witnessing another such critical period now, and the endpoint is not yet clearly defined. Is Russia evolving a Western-style legal order, or should we expect to see new variations on the established pattern -- politically dominated legal system valuing outcomes over procedures, tolerating the expedient use of extralegal means of coercion, and fostering extrajudicial forms of conflict resolution?

This volume measures Russian legal reform in relation to the rule-of-law ideal, but, more than that, it examines the legal institutions, culture, and reform goals that have actually prevailed in Russia. Judgments about future prospects are measured against two starting points, 1914 and 1991, adding new dimensions to our understanding of the Soviet legacy. The international group of contributors -- including Sergei Kazantsev, Girish Bhat, Cathy Frierson, Jane Burbank, Golfo Alexopoulos, Gapor Rittersporn, Yoram Gorlizki, Gordon Smith, Eugene Huskey, Robert Sharlet, and Sarah Reynolds -- bring to this endeavor a range of disciplinary methods and expertise on law and justice in tsarist, Soviet, and post-Soviet Russia.

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Courts and Their Reform in Russian History
3
Civil Law Individual Rights and Judicial Activism in Late Imperial Russia
21
The Judicial Reform of 1864 and the Procuracy in Russia
44
The Consensual Dimension of Late Imperial Russian Criminal Procedure The Example of Trial by Jury
61
Legal Culture Citizenship and Peasant Jurisprudence Perspective from the Early
82
Of Red Roosters Revenge and the Search for Justice Rural Arson in European Russian in the Late Imperial Era
107
The Trials of the Proletarka Sexual Harassment Claims in the 1920s
131
Exposing Illegality and Oneself Complaint and Risk in Stalins Russia
168
ExtraJudicial Repression and the Court Their Relationship in the 1930s
207
The Bureaucratization of Criminal Justice under Stalin
228
Political Reform and Local Party Interventions under Khrushchev
256
The Reform of Criminal Justice and Evolution of Judicial Dependence in Late Soviet Russia
282
Russian Judicial Reform after Communism
325
The Struggle over the Procuracy
348
Drawing upon the Past Jury Trials in Modern Russia
374
Index
397

The Politburo Penal Policy and Legal Reforms in the 1930s
190

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第 162 頁 - When the workplace is permeated with "discriminatory intimidation, ridicule, and insult," that is "sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment,
第 190 頁 - Russian Center for the Preservation and Study of Documents of Recent History.
第 37 頁 - Rule of Law' in Russia? Political and Legal Reform in the Transition Period, Armonk, New York and London: ME Sharpe Berman, Harold J. (1991) 'The Rule of Law...
第 315 頁 - The Communist Party and the Administration of Justice in the USSR", in Soviet Law After Stalin, Part III: Soviet Institutions and the Administration of Law, (DD Barry et al.
第 122 頁 - ... legitimized," says Thompson, "by the assumptions of an older moral economy, which taught the immorality of any unfair method of forcing up the price of provisions by profiteering...
第 155 頁 - The Equality Crisis: Some Reflections on Culture, Courts, and Feminism," Women's Rights Law Reporter 7 (1982): 175.
第 87 頁 - ... as one of the principal functions of the State. It does not, however, require much learning in order to perceive that such conscious and direct legislation is of comparatively recent growth ; it is the attribute of a definitely organized State, the result of a fairly advanced political civilization. In rudimentary unions, in so-called barbaric tribes, even in feudal societies, rules of conduct are usually established not by direct and general commands, but by the graduai consolidation of opinions...
第 19 頁 - Industry," in James R. Millar, ed., Cracks in the monolith: Party power in the Brezhnev era. Armonk, NY: Sharpe, 1992, pp. 33-62. . "Russian Labor Market in Transition.

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