Stalinism and Soviet Legal Culture*

Sharlet, Robert

doi:10.4324/9781315130217-7

Cited by 13 publications

(10 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Such practices have been disavowed by every post‐Soviet Russian leader, but they nonetheless persist to the present day. The actual number represents a tiny percentage of all cases heard, but these politicized cases tend to dominate media coverage of the Russian courts, which amplifies their significance (Sharlet ; Hendley ). This narrative of the judicial process as politically compromised is commonplace in memoirs of participants and observers of the criminal justice system, both Russian (Politkovskaya ; Romanova ) and Western (Browder ), and undergirds the treatment of courts by social scientists who are not specialists on law (Ledeneva ; Dawisha ).…”

Section: Attitudes Toward Courtsmentioning

confidence: 99%

Nature versus Nurture: A Comparison of Russian Law Graduates Destined for State Service and for Private Practice

Hendley¹

2019

Law & Policy

View full text Add to dashboard Cite

This article explores the mind‐set of Russian law students on the cusp of graduation. Drawing on a 2016 survey, the analysis finds that, despite having taken different paths to their degrees, the respondents share a confidence in the Russian courts that distinguishes them from Russians without legal education. Within the sample, a natural division is evident between those who plan to go into state service and those who plan to go into private practice. Aspiring state lawyers are more likely to support the policies of the Putin regime, even when they preference politics over the letter of the law. This strongly suggests that the tendency of judges and state lawyers within the criminal justice system to work as a team to ensure convictions is not solely the result of workplace incentives, as had previously been assumed, but is an element of a worldview that these lawyers share that predates their legal education. Aspiring private lawyers, by contrast, are consistently more skeptical of the state. To the extent that they are later coopted by the state, as studies of criminal defense lawyers suggest, such behavior would likely be the result of a desire to endear themselves to investigators and prosecutors in order to ensure further appointments to represent indigent clients.

show abstract

Section: Attitudes Toward Courtsmentioning

confidence: 99%

Nature versus Nurture: A Comparison of Russian Law Graduates Destined for State Service and for Private Practice

Hendley¹

2019

Law & Policy

View full text Add to dashboard Cite

show abstract

“…Pashukanis’s “commodity exchange theory” coincided with rejection of Lenin’s and Stuchka’s NEP legalism, focusing on “replacing the NEP codes with shorter, simpler models” and “equivalence” with “expediency,” as well as reorienting legal education towards general matters of policy rather than specific disciplines (Sharlet 1977, 161–2). This period was later referred to as “legal nihilism”—it aimed at weakening the law in order to dissolve it rather than strengthening the legal order.…”

Section: Schmitt’s Framework and Early Marxist Thoughtmentioning

confidence: 99%

Between Exception and Normality: Schmittian Dictatorship and the Soviet Legal Order

Lukina¹

2022

Ratio Juris

View full text Add to dashboard Cite

This article addresses Schmitt's concept of sovereign dictatorship-a departure from the normal legal order aiming to bring about a new mode of legality-as applied to the Marxist, and then Soviet, "dictatorship of the proletariat." Unlike Schmitt, Marx and Engels, as well as Soviet legal theorists, saw the space for law even while aiming to dispense with the legal form on the road to communism. This is best explained by Schmitt's failure to recognize the importance of legal systems not only for controlling social conflict, but also for coordination, the need for which does not disappear in extraordinary circumstances.

show abstract

“…As a result, by 1936, one participant in a public discussion of the new Soviet Constitution suggested the inclusion of a clause explicitly forbidding polygamy and polyandry (mnogozhenstvo i mnogomuzhestvo), suggesting that Russian marriage practices in the decade after the 1926 Code felt to some as though monogamy was under siege. 74 The 75 Family law was a central part of this new focus on civil law as an instrument of social change. In the fall of 1936, F. I. Vol'fson reintroduced the family law course at the Moscow Juridical Institute.…”

Section: Alimonymentioning

confidence: 99%

‘No Rituals and Formalities!’ Free Love, Unregistered Marriage and Alimony in Early Soviet Law and Family Life

Kaminsky¹

2017

Gender & History

View full text Add to dashboard Cite

Stalinism and Soviet Legal Culture*

Cited by 13 publications

References 0 publications

Nature versus Nurture: A Comparison of Russian Law Graduates Destined for State Service and for Private Practice

Nature versus Nurture: A Comparison of Russian Law Graduates Destined for State Service and for Private Practice

Between Exception and Normality: Schmittian Dictatorship and the Soviet Legal Order

‘No Rituals and Formalities!’ Free Love, Unregistered Marriage and Alimony in Early Soviet Law and Family Life

Contact Info

Product

Resources

About