Measuring Russian legal reform in relation to the rule-of-law ideal, this study also examines the legal institutions, culture and reform goals that have actually prevailed in Russia. Judgements about future prospects are measured, adding new dimensions to our understanding of the Soviet legacy.
The first comprehensive account of Stalin's struggle to make criminal law in the USSR a reliable instrument of rule offers new perspectives on collectivization, the Great Terror, the politics of abortion, and the disciplining of the labor force.
This book paints a portrait of the courts of the Russian Federation under Putin. It stresses the dual nature of a judicial system where ordinary cases are handled fairly, but where cases of interest to powerful persons are subject to influence. A must read for those with an interest in Russia's judicial systems.
It is hardly a revelation to say that in the Soviet Union, law served not as the foundation of government but as an instrument of rule, or that the judiciary in that country was highly dependent upon political authority. Yet, experience shows that effective democracies and market economies alike require courts that are independent and trusted. In Courts and Transition in Russia, Solomon and Foglesong analyze the state and operation of the courts in Russia and the in some ways remarkable progress of their reform since the end of Soviet power. Particular attention is paid to the struggles of reformers to develop judicial independence and to extend the jurisdiction of the courts to include constitutional and administrative disputes as well as supervision of pretrial investigations. The authors then outline what can and should be done to make courts in Russia autonomous, powerful, reliable, efficient, accessible and fair. The book draws upon extensive field research in Russia, including the results of a lengthy questionnaire distributed to district court judges throughout Russian Federation.Written in a clear and direct manner, Courts and Transition in Russia should appeal to anyone interested in law, politics, or business in Russia ? scholars and practitioners alike ? as well as to students of comparative law, legal transition, and courts in new democracies.
Reformers had high hopes that the end of communism in Eastern Europe and the former Soviet Union would lead to significant improvements in legal institutions and the role of law in public administration. However, the cumulative experience of 25 years of legal change since communism has been mixed, marked by achievements and failures, advances and moves backward. This book—written by a team of socio-legal scholars—probes the nuances of this process and starts the process to explain them. It covers developments across the former Soviet Union and Eastern Europe, and it deals with both legal institutions (courts and police) and accountability to law in public administration, including anti-corruption activities. In explaining their findings, the authors probe the impact of such factors as the type of political regime (democratic to authoritarian), international influences (such as the European Union), and culture (legal and political). The volume’s contributors are: Mihaela Serban, Kim Lane Scheppele, Kriszta Kovacs, Alexei Trochev, Peter Solomon, Olga Semukhina, Maria Popova, Vincent Post. Marina Zaloznaya, William Reisinger, Vicki Hesli Claypool, Kaja Gadowska, and Elena Bogdanova.
Around the world and for hundreds of years, men and women have refused to be drafted into bearing arms for their nations' wars. These conscientious objectors to the draft are the subject of Peter Brock's latest collection, Against the Draft. Brock, the world's leading historian on pacifism, has assembled twenty-five of his essays on conscientious objection to the draft from the beginning of the Radical Reformation in 1525 to the end of the Second World War. Included in the collection are essays on little known facets of the anti-draft movement including the Anabaptist-Mennonite tradition of military exemption that started with the outset of the Radical Reformation in 1525 and has continued, with variations, until the present. Further articles deal with the Quakers in a number of countries, Civil-war America, Leo Tolstoy (who became a convinced pacifist in the later part of his life), British conscientious objectors in the Non-Combatant Corps, the emergence of conscientious objection in Japan, and the fate of conscientious objectors in the psychiatric clinics of Germany and in interwar Poland. Essays on the Central European Nazerenes and on Jehovah's Witnesses in Nazi Germany highlight the exceptionally harsh treatment meted out to conscientious objectors belonging to these two sects, and their steadfast resistance to the state's demand to bear arms. Against the Draft makes an important contribution to the growing study of pacifism and conscientious objection, and represents a key work in the career of the field's foremost scholar.
Examining the Soviet Union’s response to crimes with the use of enforced security, Peter Juviler provides insight on trends in criminal actions and common legal responses to them in Soviet Russia. Revolutionary Law and Order looks at how policy has been made by the Soviet Union, as well as the social and political changes that came to Russia and the successes and failures that came with the Soviet’s efforts to eliminate crime. Through Peter Juviler’s evaluation of Russia’s quest for law and order in the sense of security against crimes, readers will find numerous examples of the effective enforcement from the tsarist reforms to elaborate efforts of preventing and fighting cybercrimes.
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