Russian Legal Discourse

Abstract

Due to the nonrecognition of the origin of the business law in the commercial law, or, the law merchant, grown out of the customs and usages of merchants that existed before the emergence of law itself, and which, even in the process of formalizing the law into the legislation, characteristic for the continental law, in respect of commercial activities that introduced its public regulation, has reserved its self-regulatory and dispositive nature, the Russian legal discourse is quite different to what is generally represented as the Western legal discourse. Although Russian business law has been developed under the influence of Western law, the idea of the legislatively established legal surveillance of business activities, where written law is regarded as a progressive means of regulation, plays still an important role, and the breach of the law requirements is a sine qua non condition for civil liability (for damages) in Russia. Keywords: Law, Legal Discourse; Legislation; Praxis, Regulation

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“…But in any case, the Russian legal tradition is primarily based on the influences from the Byzantine Empire with its law that was essentially a continuation of Roman law with increased Christian influence. See, for instance, Orlov (2021) at 467-469.…”

“…Non-critical attitude to the a priori knowledge has also been (and still is) characteristic for the Russian traditional societal, particularly social scientific, thought that has been oriented towards the exploration and elaboration of the (in the first instance universal) truth composing the system of linearly accumulated knowledge. See, for instance, Orlov (2021) at 468 and the literature mentioned therein. For more on this subject see, for instance, Mihailov (2018).…”