The formation of national law in the recovered state of Lithuania in 1918 was started by using foreign sources of law that had been implemented by occupants prior to the First World War. The most important object of acceptance was the old Russian tsar law, i.e. all of the sixteen volumes, which were clearly outdated and incompatible with the democratic form of the Lithuanian state. The preservation of foreign law, to the extent that it did not contradict the (...) norms of the Constitution, was established by the Constitution as temporary means within limitations to certain areas of regulation that were not regulated by the Lithuanian legislation. The newly issued national laws announced the relationship with the relevant accepted ones by providing specific references to the norms that had been changed or abolished. In the long run national law reduced the importance of the accepted laws by making them of secondary with a limited purpose to cover the gaps in national legislation. The complete removal of the accepted legislation was supposed to be accomplished by inventory, evaluation of feasibility, relevant corrections and translations into Lithuanian language. These tasks were undertaken by the Government in between the fourth and fifth decades. However, the Soviet occupation discontinued this effort. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Empire of the Tetrarchs: Imperial Pronouncements and Government a.d. 284–324T. D. BarnesSimon Corcoran. The Empire of the Tetrarchs: Imperial Pronouncements and Government a.d. 284–324. Oxford: Clarendon Press, 1996. xv 1 406 pp. Cloth, $85. (Oxford Classical Monographs)The four decades between the accession of Diocletian on 20 November 284 and the abdication of Licinius on 19 September 324 witnessed profound changes in the government and administrative (...) structure of the Roman world. These changes are naturally reflected in the legislation of the period, which survives in relative abundance—indeed, a larger proportion of the emperors’ legal decisions and enactments probably survives from these four decades than from any previous period of forty years in the history of the Roman Empire. The high rate of survival is due in part to the activity of the commissioners who compiled the Theodosian Code in the 430s and the Codex Justinianus in the sixth century: the former set out to collect general laws and edicts of the Christian Roman Empire since the conversion of Constantine, while the latter included in their compilation a large part of two Diocletianic collections of imperial rescripts, the Codex Gregorianus and the Codex Hermogenianus. But the legislation of Diocletian and his imperial colleagues and successors is also known from a wide variety of other sources—papyri, inscriptions, nonofficial collections of laws, Lactantius’ account of the decade of Christian persecution from 303 to 313 in his On the Deaths of the Persecutors, and Eusebius’ Ecclesiastical History. Moreover, Eusebius’ Life of Constantine quotes important documents from the last months of 324.Simon Corcoran includes all this varied and historically significant material in his purview, and he provides a reliable guide to it. His monograph is a revised version of an Oxford doctoral thesis which he began in 1987 under the supervision of Fergus Millar and completed in 1992 under that of John Matthews, and he has also taken advice from Tony Honoré. His work is technically proficient. I have not noticed any careless errors of any consequence, and Corcoran has used my work on the period of Diocletian and Constantine in the spirit in [End Page 145] which I intended it to be used: he has understood the underlying principles upon which it rests, then applied them critically, sometimes to reach conclusions which not only differ from my own but are superior to them.Corcoran begins with two introductory chapters which succinctly survey the subject and the evidence available. On interpolation in legal texts, he is cautious and sensible. He proceeds on the assumption that though “the transmitted texts are seldom identical with what the imperial chancery originally issued,” they have seldom undergone drastic alteration: “abbreviation is the most common fate of constitutions in the legal sources” (19). Yet he provides a salutary reminder and example of what can happen (16–18): whereas a rescript in the Fragmenta Vaticana denies that the temporary gift of estates subject to tax is valid (Frag. Vat. 283, si stipendariorum proprietatem dono de-disti,... donatio inrita est), the same rescript in the Codex Justinianus directly contradicts and asserts that such a gift is valid (CJ 8.54.2, si praediorum proprietatem dono dedisti,... donatio valet). On a priori grounds alone, it seems highly probable that something similar has happened to some texts which are known only through the Codex Justinianus—and where the alteration may not be at all obvious.What of the date and contents of the two Diocletianic codes? Corcoran confronts the problems of dating and attribution squarely and honestly. Most of his conclusions may not be new, but his discussion has been able to proceed from the fact that an Aurelius Hermogenianus, who can hardly be anyone other than the jurist, is now securely attested as praetorian prefect between 293 and 305 with Julius Asclepiodotus as his colleague (AE 1987, 456). Corcoran argues that Gregorius published the Codex Gregorianus in 291/2 or ca. 292, after serving as magister libellorum with Diocletian from 285 to 290: he accounts for the ascription of some later constitutions to this code by postulating a second edition compiled ca. 306, possibly at the court of Maximinus or... (shrink)

Path dependency is a most valuable tool for understanding Russian history since 1480, which coincides with the ending of the “Mongol yoke,” Moscow’s annexation of northwest Russia, formerly controlled by Novgorod, and the introduction of a new method for financing the cavalry—the core of a new service class. The cavalry had to hold off formidable adversaries for Muscovy to retain its independence. Russia in 1480 was a poor country lacking subsurface mineral resources and with a very poor climate and (...) soil for the support of agriculture. These basic problems inspired autocratic power and by 1515 an ideology was in place justifying it. Religion, literature, and law were employed to support the autocracy. A variant of a caste society was created to support the army. This made up the substance of the first service-class revolution in which all resources were mobilized to support a garrison state. After 1667 the external threats to Muscovy diminished, but the service class kept its privileges, especially the land fund and the peasant-serfs. Russia faced major foreign threats again in 1700 and in the 1920s and 1930s. Those threats precipitated the second and third service-class revolutions. The second and third service-class revolutions broadly paralleled the first. Reinvigorated service classes were created with state institutions to support them. As society became more complex, so did the service classes and their privileges. Ideologies were converted into devices to support the infallible autocratic ruler and his elites. Almost the entire population was bound to state service, either directly, working to support the service state, or paying taxes. The church and clergy were harnessed first by Peter’s Holy Synod and then Stalin’s Department 5 of the Secret Police after he revived the church during World War II. Writers and artists were also put into uniform, until they finally rebelled—but the arts retained their civic functions, first supporting the regime, and then criticizing it. Finally, law retained its traditional programmatic functions in regimes themselves beholden to no law. As the foreign threats diminished, the service classes lost their function, but the elite servicemen kept their privileges as the service states disintegrated and the service classes lost their collective élan. Both the Russian Empire and then the Soviet Empire collapsed almost without a whimper. (shrink)

The aim of the paper is to reconstruct the theoretical background and practical meaning of the so called war writings which emerged within the phenomenological movement during the First World War. The author exemplifies it by researching the works of two German representatives of this movement, Max Scheler and Kurt Stavenhagen. He focuses on their application of the phenomenological method to the analysis of Russian national identity, and historical as well as cultural foundations of Russian state. The paper’s (...) main thesis is that the politicization and militarization of phenomenology consisted in both “personalization” and “sociologization” of the phenomenological approach to the problem of the state. While interpreting Scheler’s personalism as an exemplification of the approach to the state as a problem of social ontology, the author reconstructs the theoretical conditions of analyzing the Russian imperial state in terms of the “world.” The focus of the paper is particularly on the phenomenology of, as Scheler put it, Russian collective personality and Russian national consciousness or “soul” as well as on the question of legitimacy of Ukrainian resistance against Russian imperialism. (shrink)

Bill Bowring’s book attempts to argue for a Marxist account of international law that embraces it as a tool for progressive politics and revolutionary change. He argues it is necessary to give a substantive account of both, locating them in the real struggles of the oppressed. Specifically, he locates human rights in the three great revolutions ‐ the French, the Russian and the anticolonial. However, this revolutionary heritage has been ‘degraded’ by recent events. As such, it is necessary to (...) adopt ‘revolutionary conservatism’, invoking international law’s origins against its current degradation. This review argues that, owing to international law’s indeterminacy, Bowring’s project is susceptible to imperial appropriation. This means, however, that Bowring cannot give an account of why we should use international law. It then argues that Bowring’s account of Pashukanis is wrong, and that Pashukanis’s work can better make sense of Bowring’s insights and international law more generally. (shrink)

Proceeding from the insights of Petrażycki, Polish-Russian legal realists distinguished legal theory, legal dogmatics, and legal policy. Legal theory describes legal phenomena in a value-free way and formulates causal laws concerning those phenomena. Legal dogmatics and legal policy are, by contrast, value-laden sciences involving the subject's—i.e., the scientist's—own attitudes toward existing or imagined phenomena: Dogmatics evaluates behaviors based on the subject's adoption of given normative sources as binding, while legal policy evaluates the effects produced by given NSs based (...) on causal laws and on the subject's goals. PRRs then conceptualize custom as a representation of people behaving in a certain way : We have a custom on the threefold condition that Rc is believed true by a given X, Rc causes the existence of a given normative psychical experience in X, and X expressly refers to—or would refer—to Rc in justifying an NPE. PRRs use the term customary law to refer to legal experiences caused and justified by an Rc. From a theoretical perspective, both the subject's adoption of custom as a binding NS and its truth are irrelevant. It is only the presence of a customary NPE in the X under study that matters. From a dogmatic perspective, by contrast, what matters is whether the dogmatician—qua subject—adopts custom as a binding NS, whether it is true that people behave in a given way bw, and whether bw resembles the behavior that is deontically qualified in the norm under dogmatic evaluation. Finally, from a legal-political viewpoint, PRRs hold that customary law in modern societies, owing to its conservative nature, should be eradicated for the goal of removing inequalities and fostering benevolence. (shrink)

This essay discusses criminal law theories in late Imperial Russia. It argues that, although the political climate of Reform and Counter Reform effectively undermined attempts to implement new legislation premised on the idea of the 'rights-enabled person', paradoxically, it fostered the growth of juridical scholarship. Russian criminal law theorists engaged critically with Western juridical science, which, beginning in the 1870s, witnessed a shift away from absolutist theories inspired by the classics of philosophical idealism towards various strains of positivism (...) arguing for the restoration of the person as a concrete, physiological being. However, while Russian scholars were drawn to these new trends of criminal anthropology and the sociology of crime, they were also obliged to take stock of an indigenous legal culture that scarcely differentiated between pravo and zakon, together with a long tradition of customary practices that equated crime and punishment with sin and redemption. (shrink)

The article develops the modern significance of the legal doctrine in the post-Soviet legal system, describes its impact on lawmaking and on judicial practice. The authors argue in favor of the conclusion that the legal doctrine is an independent and important component of the Russian legal system, as it influences structuring and functioning of the legal system, and, being in demand in practice, is implemented in different components of the country’s legal system. In order to strengthen the role and (...) significance of legal doctrine in the post-Soviet space, the authors make a number of certain proposals on consideration of provisions of legal doctrine in lawmaking and in judicial practice. (shrink)

Upon reinstitution of the Lithuanian state in the beginning of the twentieth century, some people reflected back to the times where Lithuanian law had European significance. However, it was concluded that the latter would not satisfy the needs of a modern state. The change in times made the continuation of the legal tradition impossible. Yet it was also impossible to put faith into fast creation of the essentially new Lithuanian legal system. Therefore, it was decided to accept a foreign system (...) that was in place before the First World War – that of the Russian Empire. The law of the Lithuanian Grand Duchy (LGD) had an impact on the Russian law during the course of history. The most important channel was the reception of the Lithuanian Statute into the Sobor Code of 1679, which later resulted in the codex of the Russian Empire. The latter was also supplemented by the norms from the Lithuanian Statute relating to some exceptions in various regions covered. Some norms were imported purely for the purpose of renewal of the Russian legislation. The reception of the Russian law in the independent Lithuanian state meant that together with it Lithuania had accepted historical norms from the Lithuanian Statute. In that manner, the modern Lithuanian law was related to the historical law of the LGD. (shrink)

Roman emperors were at the pinnacle of society. They were supreme commanders of the armies, the highest priests and the ultimate source of law and justice. These three roles were made clear to the inhabitants of the empire from the reign of Augustus onwards through a variety of media. Public ceremonies showed emperors leaving the city for campaigns, and returning in triumph, at sacrifice, or sitting in judgement. Inscriptions likewise indicated the main roles of emperors through titulature or narrative. The (...) military and the religious leadership of emperors were also made abundantly clear through public monuments and on centrally issued coinage. Yet, throughout Roman imperial history these last two types of source material are surprisingly silent on the emperors’ legal role. (shrink)

The paper examines the realignment of the legal sources in an information society, by considering first of all the differences with the previous system of sources, dubbed as the “Westphalian model”. The current system is tripartite, rather than bipartite, for the sources of transnational law should be added to the traditional dichotomy between national and international law. In addition, the system is dualistic, rather than monistic, because the tools of legal constructivism, such as codes or statutes, have (...) to be complemented with the rules of customary law and contracts. In light of the canonical version of the law as a set of commands enforced through the threat of physical sanctions, however, two further novelties must be stressed, namely the soft law-tools of governance as a source of the system and the aim to embed normative constraints into technology, in order to enforce the law through the use of filtering systems, self-enforcing technologies, etc. This latter approach impacts on functions and requirements of the system, by transferring the normative side of the law from the traditional “ought to” of legal commands to what actually is on the basis of automatic techniques, thus affecting the very notion of source. The overall aim of the paper is to show that rearrangements of the legal sources are intertwined with redistributions of power and hence, a normative standpoint is needed, so as to determine whether scholars can obtain the solution that best justifies the integrity of the law before its hard cases, or the answer is a reasonable compromise between many conflicting interests. (shrink)

'With a single announcement from a herald, all the cities of Greece and Asia had been set free; only an intrepid soul could formulate such an ambitious project, only phenomenal valour and fortune bring it to fruition. Thus Livy describes the reaction to the Roman commander T.Q. Flamininus' proclamation of the freedom of Greece at the Isthmian games near Corinth in 196 BC. Half a century later Greece was annexed as a province of the Romans who burned the ancient city (...) of Corinth to the ground. Books 31 to 40 of Livy's history chart Rome's emergence as an imperial nation and the Romans tempestuous involvement with Greece, Macedonia and the near East in the opening decades of the second century BC; they are our most important source for Graeco-Roman relations in that century. Livy's dramatic narrative includes the Roman campaigns in Spain and against the Gallic tribes of Northern Italy; the flight of Hannibal from Carthage and his death in the East; the debate on the Oppian law; and the Bacchanalian Episode. This is the only unabridged English translation of Books 31 to 40. (shrink)

The article analyzes the socio-cultural and theoretical origins of the Russian philosophy of history. These origins determined the development of the philosophy of history as a special feld of philosophical knowledge. This process took place in the second half of the 19th century, a significant factor of which was the split within the cultural and spiritual unity of Russian society on the wave of Alexander II’s reforms associated with the abolition of serfdom. In this period the subject-matter of (...) the philosophy of history was defned. In the author’s opinion, the subject-matter of the philosophy of history includes: 1) the historical process in its universal human dimensions and in “past – present – future” movement, 2) the life of society in historically concrete forms of the organization of human community, 3) historical epistemology. The article shows why the philosophy of history, formed in this research feld, was established in the public consciousness and intellectual context as historiosophy, i.e. knowledge of spiritual senses, the beginning and end of history. This philosophical-historical paradigm excluded the oppositions, on the one hand, between philosophical knowledge and historical science and, on the other hand, between the philosophy of the history and social philosophy. As the main ideas of the Russian philosophy of history during that period, the author considers the idea of the integrity of historical existence as an “organic life” and the idea of the variability of the historical process, interpreted as the constant inclination of history to “permanent improvisation”. The author pays special attention to the development of the concepts of “transitional form” and “chaos,” which provide the acceleration of the progressive movement of history and the possibility of an active and responsible participation of an individual and masses in it. The attention to this problem introduced the spiritual and moral component into the ontological basis of the historical process as well as the concept of necessity and chance, freedom and violence, revolution and evolution into the conceptual apparatus of philosophical and historical knowledge. As a result, simultaneously with the metaphysical principles, the principles of concrete historical and axiological analysis were integrated into the methodology of the philosophy of history. This approach to the analysis of the historical process has preserved its heuristic potential to the present day. (shrink)

The end of the nineteenth century and the whole of the twentieth may justifiably be called a time of great discoveries in the micro-, macro-, and megaworlds. All bearing witness to the dynamic life of the universe, these discoveries have resulted primarily from progress in the instruments of research, leading to the discovery of many new elementary particles, new forms of interaction, fields, and astrophysical objects — quasars, pulsars, sources of X-ray emissions, and others. An understanding of the essence (...) of the processes involved in these objects and phenomena, however, comes up against certain difficulties , the overcoming of which is to be sought primarily along the lines of further improvement of the tools of research and processing of the information acquired, the application of existing theories and the development of new ones in physics and astrophysics, and the utilization of the achievements of the science of the most general laws of the motion and development of nature, society, and thought, i.e., dialectical materialism, as the general methodology of acquisition of scientific knowledge. (shrink)

Almost every state has its own legal system and there is a legal system in accordance with the social norms of the state. However, although states have autonomy with their own legal systems, the legal system of each state unites under larger legal systems. From this point of view, three major legal systems can be accepted; Anglo-Saxon Legal System (English Legal System, Common Law), Continental European Legal System (Legal system of European states based on Roman law), Social Legal System on (...) which Russian Federation is based. Apart from these systems, there is also an Islamic legal system with its unique structure. The reason why the Islamic legal system is unique is that it is based on both religious and rational sources. In general, the case-based method is used in the Anglo-Saxon Legal System, and the rule-based method is used in the Continental European Legal System. Which one of these two method used by Islamic law which takes its source from Qur’an and hadith well? Or is it use both methods? Our aim in this study, in addition to analysing the operation of these two methods in Islamic law from a logical point of view, is to analyse the integration of the rule-based method into the case-based method and the case-based method with the rule-based method. With this research it is to provide a logical proposal to extend the intended use of analogy in Islamic law. As a matter of fact, we think that different branches of science should come together in order to produce new suggestions in this field. (shrink)

Books 31 to 40 of Livy's history chart Rome's emergence as an imperial nation and the Romans tempestuous involvement with Greece, Macedonia and the near East in the opening decades of the second century BC; they are our most important source for Graeco-Roman relations in that century. Livy's dramatic narrative includes the Roman campaigns in Spain and against the Gallic tribes of Northern Italy; the flight of Hannibal from Carthage and his death in the East; the debate on the (...) Oppian law; and the Bacchanalian Episode. (shrink)

The paper discusses the Anglo-American philosophy of law of the 20th century, more specifically the philosophy of law of Ronald Myles Dworkin and his criticism of the legal positivism of Herbert Lionel Adolphus Hart. The author presents the history of the criticism of legal positivism in Ronald Dworkin’s philosophy of law and distinguishes historical stages. The subject of the study is the critique of legal positivism but not the Hart-Dworkin debate itself, well known in Western philosophy of law. The reason (...) is that the discussion was conducted between Dworkin and Hart’s supporters but not between Dworkin and Hart by himself. The latter responded to the criticism only after twenty seven years. The article explains why Dworkin chose for his criticism Herbert Hart’s version of legal positivism. This is due to the fact that Dworkin highly appreciated Hart’s positivist theory of law and characterized it as the “most clear.” The article presents the methodological foundations of criticism of Hart’s legal positivism in Dworkin’s philosophy of law. It reveals a methodological divergence between the two legal theories, which directly affects the understanding of the concept of law and its content. Therefore, we can assume that the legal theories of Hart and Dworkin are two competing models of law: Dworkin’s model considers law as a set of rules and principles and Hart’s model acknowledges only rules and court decisions as a source of law. The article also presents the key principles of positivism criticized by Dworkin. These principles, firstly, interpret law as a set of legal rules determined through a special legal criterion, secondly, provide the judge with an opportunity to make a decision “at his own discretion” in a situation not regulated by law, and, thirdly, recognize only legal rights and obligations enshrined in legal regulations. It is important to note that in this article the author describes criticism as an independent phenomenon of legal philosophy with a particular focus on the history and foundations of this phenomenon. (shrink)

Thomas Hobbes’s radical tendency to view natural law as a means of individual self-preservation sparked critical responses among natural law theorists in England and continental Europe. This chapter compares how two of Hobbes’s immediate successors and critics – Richard Cumberland and Samuel Pufendorf – dealt with the potential conflict between self-interest and the requirements of natural law. The chapter shows how both intended to reply to Hobbes in their own distinctive ways by attempting to show that the ultimate aim of (...) natural law, imposed by God, obligated people to promote the common good of humankind as a whole rather than mainly function as the means for individual and social utility. They did not, however, consider self-interest to be merely destructive for social cooperation and natural law. Both argued in their distinct ways that self-interest is the most effective motivation for people to consider the advantage of others and it leads them to promote the common good. This chapter also points out notable differences between Cumberland’s and Pufendorf’s treatment of the relation between the private good and the common good. (shrink)

The Russian conquest of Central Asia marked the beginning of record-keeping for Qazaq arbitrators and customary law. It remains obscure how bīs complied with the colonial regulations obliging them to record their court proceedings. I approach this issue first by questioning the utility of extra-judicial sources crafted in Russian at the instigation of colonial bureaucrats; hence, I argue that the comparison alone of ’ādat-related judicial records written in Turki with šarī’a court certificates allows situating the legal terminology (...) applied by Qazaq arbitrators within the discursive tradition of Islamic law. By way of illustrating my approach, I offer a close reading of a report of a murder case adjudicated according to Qazaq customary law in the vicinity of Khiva in 1895. My commentary on the summary of the trial sheds light on the interplay of customary and Islamic law in the region. In addition, it challenges earlier interpretations of the use of the exculpatory oath among the Qazaqs. (shrink)

The subject of the study is the ontological ideas of ancient Chinese music in the context of the formation of philosophical schools of Ancient China, which make it possible to identify a number of philosophical categories that underlie traditional chinese music and outline different approaches to its understanding and interpretation. Most Chinese researchers in the field of musical aesthetics focus on the art of music, rare to pay attention to the philosophical origins of the categories of music that past thinkers (...) wrote about when analyzing laws of existence of the universe. Restoring and rethinking these values in the context of the philosophical and cultural analysis of ancient Chinese music is key to this work, which allows us to gain an understanding of the specifics of ancient Chinese culture and its musical heritage. The novelty of the work lies in carrying out the correlation of genesis of the musical ontology of Ancient China with the dynamics of the formation of the philosophical schools of Confucianism, Taoism and Buddhism, their rise or fall depending on the historical and cultural situation. Musical philosophy in China has not yet become an independent discipline, so the presented work makes a significant contribution to the field of musical ontology. During the study, the authors revealed three main aspects which are basic for the ontology of ancient Chinese music: The nature of music has its source three categories: Tao, air and sound, existing both in a natural state in nature and embodied in musical structure and instruments; Sound and rhythm being the essence to any musical work, organize the sounding space in accordance with the cosmic order; The metaphysical nature of music is justified by the basic principles of Taoist philosophy and number theory. (shrink)

Liberalism in Russia is one of the most complex, multifaced and, indeed, controversial phenomena in the history of political thought. Values and practices traditionally associated with Western liberalism—such as individual freedom, property rights, or the rule of law—have often emerged ambiguously in the Russian historical experience through different dimensions and combinations. Economic and political liberalism have often appeared disjointed, and liberal projects have been shaped by local circumstances, evolved in response to secular challenges and developed within often rapidly-changing institutional (...) and international settings. This third volume of the Reset DOC “Russia Workshop” collects a selection of the Dimensions and Challenges of Russian Liberalism conference proceedings, providing a broad set of insights into the Russian liberal experience through a dialogue between past and present, and intellectual and empirical contextualization, involving historians, jurists, political scientists and theorists. The first part focuses on the Imperial period, analyzing the political philosophy and peculiarities of pre-revolutionary Russian liberalism, its relations with the rule of law, and its institutionalization within the Constitutional Democratic Party. The second part focuses on Soviet times, when liberal undercurrents emerged under the surface of the official Marxist-Leninist ideology. After Stalin’s death, the “thaw intelligentsia” of Soviet dissidents and human rights defenders represented a new liberal dimension in late Soviet history, while the reforms of Gorbachev’s “New Thinking” became a substitute for liberalism in the final decade of the USSR. The third part focuses on the “time of troubles” under the Yeltsin presidency, and assesses the impact of liberal values and ethics, the bureaucratic difficulties in adapting to change, and the paradoxes of liberal reforms during the transition to post-Soviet Russia. Despite Russian liberals having begun to draw lessons from previous failures, their project was severely challenged by the rise of Vladimir Putin. Hence, the fourth part focuses on the 2000s, when the liberal alternative in Russian politics confronted the ascendance of Putin, surviving in parts of Russian culture and in the mindset of technocrats and “system liberals”. Today, however, the Russian liberal project faces the limits of reform cycles of public administration, suffers from a lack of federalist attitude in politics and is externally challenged from an illiberal world order. All this asks us to consider: what is the likelihood of a “reboot” of Russian liberalism? (shrink)

This article is devoted to the work of the eminent Russian legal scholar and thinker Pavel I. Novgorodtsev. This is nearly the first time that Novgorodtsev’s philosophy of law is considered as the...

Decolonization of the European empires in the twentieth century was spurred by the colonized based on two purposes: the desire for independence, and the desire to build a sovereign political identity. The most obvious feature of the first intention was the formation of anti-imperialist movements, organised under the banner ‘they must leave’. The latter was characterized by the establishment of constitutional government, which highlighted the identity of a novice country in a political and unified form and which featured a central (...) source of power. These two purposes share a complex relationship. For power to be sovereign, independence must be gained first. Power cannot be obligated to the wishes of another power or constrained by the laws of another regime. The struggle for independence of European empires did not readily create the conditions for the exercise of a sovereign power. It was elusive at the moment of independence. This chapter discusses some of the implications of these two purposes, with emphasis on the second purpose and the Indian experience. It addresses questions such as: what is the meaning of collective identity to those newly independent countries in the context of politics; what were the pressures on the claims to political identity and unity; how did these pressures encourage a revolutionary mindset in the conceptualization of constitutional provisions and political power; and how does the struggle for political identity relate to the history of nation and its struggle for independence? (shrink)

The study contains the review, analysis, assessment of the current state and prospects for further scientific study of the materials of the Russian state archives, including the personal funds of philosophers and philosophical institutions of Russia in the 19th-20th centuries, which are of the greatest relevance to historians of Russian philosophy. In this regard, on the one hand, the study considers the largest research and scientific-publishing historical and philosophical projects, testifying to the already achieved results of the scientific (...) development of vast arrays of archival documents; on the other hand, a number of collections of Russian state archives (federal, regional, municipal, departmental) have been monitored in order to identify archival collections that were little or insufficiently studied from this point of view. The results of the collective research presented in the article can be considered as the beginning of a large systematic work on the analytical mapping of the content of Russian archival collections relevant to the problems of the history of Russian philosophy. The study shows the importance and productivity of conducting parallel research work both with the personal funds of Russian philosophers of the 19th-20th centuries, and with funds containing documentation of philosophical institutions (magazine editorial offices, faculties, departments, research institutes, publishing houses of philosophical literature, professional and thematic associations of philosophers). In this regard, the question was raised about the need to develop historical and philosophical archiving and source studies in Russia, to include this set of subjects into the system of training historians of philosophy, and also about the need to coordinate the joint efforts of historians of Russian philosophy towards the formation of an archive of Russian philosophy as a significant and publicly available mapped resource. The results obtained in the course of the study should contribute to the emergence of the history of Russian philosophy as a dynamically developing branch of Russian science to a qualitatively new source study and methodological level, necessary for solving the large-scale research tasks, related, in particular, to the scientific preparation of academic collections of works by Russian philosophers and the development of modern fundamental history of Russian philosophy. (shrink)

To monopolize the scientific data gained by Japanese physicians and researchers from vivisections and other barbarous experiments performed on living humans in biological warfare programs such as Unit 731, immediately after the war the United States government secretly granted those involved immunity from war crimes prosecution, withdrew vital information from the International Military Tribunal for the Far East, and publicly denounced otherwise irrefutable evidence from other sources such as the Russian Khabarovsk trial. Acting in “the national interest” and (...) for the security of the US, authorities in the US tramped justice and morality, and engaged in what the English common law tradition clearly defines as “complicity after the fact.” To repair this historical injustice, the US government should issue an official apology and offer appropriate compensation for having covered up Japanese medical war crimes for six decades. To help prevent similar acts of aiding principal offender in the future, international declarations or codes of human rights and medical ethics should include a clause banning any kind of complicity in any unethical medicine—whether before or after the fact—by any state or group for whatever reasons. (shrink)

This paper will try to test the plausibility of interweaving a conception of politics with the nature of the conflict which politics is supposed to regulate, by looking at a specific case in the history of Western political thought. I wish to consider the interpretation of modern social relations that sees conflict as arising from the unequal distribution of (relatively) scarce resources. It is my aim to analyse the origins of this conception. But first I would like to note the (...) success of this line of thought, which permeates both everyday conversations and theoretical works. When we argue that the unequal distribution of scarce resources is the main source of conflict, we use �resources� mainly to refer to all goods and commodities that are indispensable to the production of socially desirable items. The term �resources� carries a distinctive economic flavour; and as the main threat to social cohesion is seen to stem from disagreements over the allocation of those �resources�, the solution to the problem is mainly seen in terms of reaching an equilibrium, by relying on the devices of political economy. (shrink)

ArgumentState patronage and the modernizing role of the government have been considered crucial for the development of science in Russia during both Imperial and Soviet periods. This paper argues, on the contrary, that the start of Russian agricultural science had predominantly local and non-governmental sources of support. Amateur experiments by nobles aspiring to become “cultured” landlords, university professors applying their scientific knowledge to their own estates, and the efforts by local community administrations, zemstvo, to compete for grain (...) markets all contributed, by 1900, to the establishment of various stations for agricultural research. The Imperial government became involved in this process rather belatedly, with an effort to further stimulate and coordinate the institutional network of agricultural science. By 1917, this network included more than 300 breeding and experimental stations. Despite revolutionary violence and the loss of former patrons, most of these stations managed to maintain their functions throughout the Civil War and formed the basis of Soviet agricultural science. (shrink)

Immunity was an institution of Roman and Frankish public law that conferred exemption from various kinds of state obligations. In Roman law, immunity might be granted to an individual, group, or community by the public authority, whether the Roman state itself or one of its constituent self-regulating bodies. It was not an institution with a fixed content; terms varied according to the discretion and powers of the grantor and the system of obligations from which relief was sought. Exemption might be (...) for a limited duration and was always liable to be revoked, especially by imperial authorities, a circumstance that makes it difficult to evaluate the role and extent of immunities in the late empire. Immunities conferred by the emperors are mentioned quite frequently in the legal sources of the fourth and fifth centuries in reference to exemptions from taxation and other public burdens. These imperial grants are generally regarded as the forerunners of Merovingian concessions. (shrink)

Fake news is created as ordinary news stylistically but it consists of deliberate disinformation or hoaxes. The text is generally constructed to cause negative emotions and feelings in readers: fear, panic, distrust, and paranoia. It is done to manipulate the opinion and consciousness of a large number of people and eventually leads to changes in the values, ideas and attitudes that already exist in the public awareness. The result is a schism that has already gone beyond the usual spiritual strife. (...) Moreover, its expansion has weakened the defining feature of Russian Orthodoxy which lies in trust and support of the state and authorities. The Russian Orthodox Church has to deal not only with public health crisis but also with profound differences within its ranks over the churchgoers’ behavior in the conditions of a pandemic. The article analyzes legal regulations and mechanisms for countering fake news about the Russian Orthodox Church, and provides examples from the judicial practice. It also determines the mechanisms of the worshippers’ reaction to the fake news involving the Russian Orthodox Church. Using semiotic methodology, the author reveals re-encoding of the symbolic meaning of such signs as “Russian Orthodox cross” and “red cross”. The connotative meaning of these signs leads to contradictions in the conditions of the COVID-19 pandemic. (shrink)

The article is devoted to the analysis of the legal theories of P.I. Novgorodtsev and B.A. Kistyakovsky, based on the moral philosophy of I. Kant in comparison with the psychological theory of law of L.I. Petrazhitsky. The unity of the positions of Novgorodtsev and Kistyakovsky in focusing on the ethical aspects of law, as well as highlighting morality as the highest principle, is revealed. Attention is paid to the disclosure of neo-Kantian motives in the philosophy of law and in the (...) context of the development of the theory of natural law in Russia. The main content of the article is a consistent analysis of Novgorodtsevʼs ideas in their dynamics, compared with the neo-Kantian philosophy of law of Kistyakovsky. It is emphasized that the psychological theory of the source of Petrazhitskyʼs legal relations is in the same intention of thought with the motives of the Russian neo-Kantians, which allows them to be compared in the history of the development of the Russian theory of law. The modern scientific literature is analyzed in order to identify the problem of comparing different approaches in the history of Russian philosophy of law, in which German transcendental philosophy is one of the key foundations. The question of the independence of Russian scientists in the construction of ethical and legal doctrines is actualized, but, at the same time, a single motive is emphasized with the Kantian provision on the need to establish a general civil society on the principles of a developed system of rules and norms. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:American Journal of Philology 124.3 (2003) 477-481 [Access article in PDF] Martha C. Nussbaum and Juha Sihvola, eds. The Sleep of Reason: Erotic Experience and Sexual Ethics in Ancient Greece and Rome. Chicago: University of Chicago Press, 2002. viii + 457 pp. Paper, $26. The Sleep of Reason derives from a conference held at the Finnish Institute at Rome in 1997. In their introduction to the volume, the editors, (...) Martha Nussbaum and Juha Sihvola, note that the incommensurability between sexual behavior/desire and reason was a perennial concern to ancient philosophers and that the modern discipline of philosophy has avoided this topic because of skittishness about "emotional topics" (3) and a pronounced tendency to consider ancient philosophy in a decontextualized manner. The editors accordingly have assembled a mixture of papers on ancient philosophy and other aspects of ancient culture to bring philosophical rigor and context to discussions of ancient sexual ethics. With only a third of the papers specifically about philosophy, however, the volume is more "context" than philosophy. Of greater concern, however, is their claim that the book covers both Greece and Rome. With the exception of Cantarella's discussion of Roman marriage law, Konstan's of Catullus, and Goldhill's few pages on Tertullian, substantive discussion of Latin sources is lacking. The book treats classical Greece in some detail and then skips through Greek sources to the Second Sophistic. Indeed, the failure to engage imperial Rome substantively leaves Goldhill's essay damagingly decontextualized. The editors' tendentious sketch of modern scholarship on ancient sexual behavior (7-8), which overlooks important contributions of Eva Keuls and Amy Richlin, is likewise regrettable.In the first paper, "Forgetting Foucault: Acts, Identities, and the History of Sexuality," David Halperin prescribes a proper way to investigate ancient sexual activity. Beginning with a discussion of Michel Foucault's famous statement on the progress from sodomy ("a category of forbidden acts") to the homosexual ("a life form... a species"), Halperin persuasively argues that Foucault's statement has been misunderstood as social history when it is better regarded "as a claim about the internal logic and systematic functioning of two different discursive styles of sexual disqualification" (28). Elsewhere, however, Halperin's disciplining zeal is wearisome. Opposing the terms deviant sexual morphology and deviant sexual subjectivity (the former deviance in gender presentation and the latter identity based on sexual activity), Halperin predictably asserts that the cinaedus possessed a deviant sexual morphology whose non-normative sexual behavior sprang from innate effeminacy. According to ideology recoverable from the sources, this is correct. Consideration of the cinaedus latens (from Firmicus [End Page 477] Maternus; see below), to take an example, brings up a question: what are we to make of this cinaedus if "the kinaidos's betrayal of his masculine gender identity was so spectacular as to brand him a deviant type of person and to inscribe his deviant identity all over his face and body" (34)? Caution is called for here; discourse surely produces less schematic results (see, e.g., Foucault, The History of Sexuality, Vol. 1 [1978], 96, or Judith Butler, GenderTrouble [1990], 28).In "Eros and Ethical Norms: Philosophers Respond to a Cultural Dilemma," Nussbaum surveys different approaches to the uneasy coexistence of sexual desire and education in pederastic relationships: if Eros is about loss of control in the face of desire, will the ero \ menos be cared for properly or merely be the means for desire's satisfaction? Nussbaum compares Socrates' explication of a "generous madness," wherein reverence and gratitude inspire kindly care, to the Stoics' valuation of friendship undertaken with consummate self-control. Nussbaum's work here has considerable value in its explication of the Stoic position and in her conclusion on the usefulness of analysis of ancient philosophic responses to ero \ s in current debates about sexuality (86-87).The next two papers, Maarit Kaimio's "Erotic Experience in the Conjugal Bed: Good Wives in Greek Tragedy" and Stephen Halliwell's "Aristophanic Sex: The Erotics of Shamelessness," take us to the Athenian stage. Starting from the observation that words for "bed"... (shrink)

In the third century AD, under the pressure of plagues, external invasion, rising army costs, and usurpation, the Roman emperors incrementally debased the silver coinage that was produced at their imperial mints and incrementally took over civic mints. The debasement, from 2.7 g of silver to 0.04 g of silver in the equivalent of a denarius from 160–274 ad, was accompanied by worries from emperors, mint-workers, and bankers about the value of the currency; however, the total loss of purchasing (...) power of the Roman coinage from the same era was 50–70 %, far less than would be expected from the change in metallic content, if it were the primary source of value. The currency reform of Aurelian in 274 ad, despite raising metallic values of coins, was followed by at least a 90 % reduction in the purchasing power of the silver coinage from 274–301 ad, the year of Diocletian’s Edict on Maximum Prices, showing a paradoxically inverse relationship between metallic value and purchasing power. Based on this quandary, I argue that the Roman silver coinage of the third century CE became a fiat currency in some respects, deriving its guarantee from imperial iconography and assurances rather than from bullion value. The fiat nature of the silver coinage was largely present in usage as a medium of exchange for those without as much long-term interest in maintaining liquid stores of value; this is indicated by the differential debasement of the denarius and aureus; imperial actions and hoarding practices indicate the extent to which the currency was accepted at nominal value. I examine the reactions of different social groups in order to determine the perceived value of the Roman coinage during this time, and in order to understand the paradoxical collapse in the currency’s value in the late third century. To demonstrate this, I will present the applicable elements of the modern concept of “fiat” to this context through portrayal of emperors and usurpers on coins, use coin hoard data to determine the effect of Gresham’s Law, and examine historical and papyrological accounts of currency reforms. I will also use evidence of the expansion of taxes in kind and the rejection of nominal value by both emperor and subjects to argue that the inflation following Aurelian’s reform resulted from an invalidation of the trust in imperial fiat. (shrink)

Analysis of the history of the methodology of scientific knowledge shows that in evaluating the cognitive status of induction , two extreme, diametrically opposed approaches have always existed — inductivism and anti-inductivism. According to the inductivists , induction is the basic method for acquiring and substantiating scientific laws and theories; for in their opinion, empirical data are the source, foundation, and criterion of the truth of concrete scientific knowledge. Furthermore, it must be emphasized that the inductivists have never denied the (...) significance of other methods of cognition. (shrink)

Today, there are several problems in the field of criminal law caused both by the emergence of new types of legal relations and by the imperfection of legislation. Due to the emergence of new challenges in the field of criminal law, many of them require theoretical understanding. Some of these challenges, generated in the light of the armed aggression of the Russian Federation against Ukraine, revealed several reasons for discussion in the Ukrainian and international legal community. The purpose of (...) the study involves consideration of certain aspects of modern challenges in the field of criminal-legal relations, which arose against the background of the military aggression of the Russian Federation in Ukraine. The first part of the study is devoted to the question of the qualification of war crimes committed by the Russian Federation in Ukraine as acts of genocide. The second part of the work is devoted to the issue of using existing international legal mechanisms to hold the Russian Federation accountable for war crimes. There are convincing reasons to say that the actions of the Russian Federation during the war in Ukraine have signs of the crime of genocide. Even though Ukraine is not a party to the Rome Statute, the Ukrainian government can use another tool to bring the subjects of war crimes to justice, by creating a certain mixed investigative mechanism or a criminal tribunal that could deal directly with the crime of aggression. (shrink)

In this paper, I analyze the ‘Da ti’ chapter of the Han Feizi 韓非子. This chapter is often read as one of the so-called Daoist Chapters of text. However, a deeper study of this chapter allows us to see that, while Daoist terminology is employed, it is done so in a way that is certainly not reminiscent of either the Zhuangzi 莊子 or the Laozi 老子. Neither, though, does it have quite the flavor of other chapters in the Han Feizi (...) where scholars have often read Han Fei s advocating a system of government based on laws promulgated by the ruler, the content of which is left solely to the ruler’s discretion. Throughout this paper, I hope to demonstrate that a reading of the ‘Da ti’ chapter allows us to understand that Han Fei is not simply advocating a system of government based on laws promulgated by the ruler, the content of which is left solely to the ruler’s discretion. This chapter can help us begin to understand that Han Fei has a much more nuanced system and that he advocates law that accords with the overarching pattern of the universe. In doing this, I will show that the idea of fa 法 (standard, law) that we see utilized by Han Fei, both in these chapters do not fall neatly into Western conceptions of law, and thus previous scholars who have worked based on these conceptions have missed important aspects of Han Fei’s thought. I also attempt to demonstrate that this interpretation of law is consistent with the way that it is used in the rest of the Han Feizi. (shrink)

This study presents some of the contributions to the process of the constructing Europe since the illustrated ideas of the German philosopher Krause that were promoted and represented by eminent Spanish Krausist legal experts, such as Francisco Giner de los Ríos. His conception of Europe and European civilisation contains theories that, despite being surprising and openly opposed at the time, have today become part of the global heritage of modern day legal philosophy and our social aspirations. We firstly study how (...) the development of the Krausist legal philosophy contributed to the political development of Spain and how this ius-philosophical thinking had a modernising influence on Spanish legal philosophy and science. Secondly, we delve deeper into the basic principles of Krausist legal-sociological theory that have had a major influence on Europeanisation, reviewing its most ardent criticism of the European imperial nationalism doctrine. (shrink)

The article is devoted to the clandestine congress for the preparation of the All-Russian Congress of Muslim Students, organized in Kiev in 1913. Based on the archive sources of gendarme administration of Kiev Governorate and memoirs of the participants of the events, the process of preparing the organizational congress, its goals and tasks were examined. The role of reformist ideas among the organizers of the clandestine congress and their inclusion into the general imperial Muslim context was shown. (...) The process of politicization of the Kiev Congress under the influence of revolutionary-minded participants representing the Muslim Tartars of the Volga and the Urals was studied. It was shown that the socially active Muslim students of that time included both revolutionary circles and representatives of intellectual and political elites of the Muslim community of the Russian Empire who were seeking for opportunities to improve the situation of the Muslims of the Empire. The probable causes of the weak reaction of the security services of the Russian Empire to this congress were analyzed. Among them are: a) the intervention of representatives of the Muslim elite of the Russian Empire, b) the marginal nature of the "Muslim issue" for the Kiev gendarmerie. The special role of the deputy of the Forth Duma, the representative of the Muslim faction of Ibnamin Akhtyamov in the settlement of the problem of the Muslim students' arrest was noted. It is concluded that the congress in question was a manifestation of unifying tendencies among the Muslim students, which took place on the eve of the First World War. (shrink)

Although the traditional society in China was not necessarily a society of equality, and the classical Confucianism did not speak much about the principle of universal equality, in modern times, in the midst of a transformation of value systems, people still find correlating sources within the Confucian tradition that is connected to the modern idea of equality. This essay makes a detailed study on this correlation and points out that ancient Chinese society and the western feudal society are different (...) in terms of social systems and education systems. For example, China has the imperial examination but no patrimonial aristocracy. Confucianism opposed the huge gap between the poor and the rich, and this idea has become a modern tradition in the ideal of great harmony under the sky, especially in Kang Youwei’s 康有为 Datong Shu 大同书 (Book of Great Harmony). There were also some elements of agricultural socialism and equalitarianism in traditional Confucianism. The potential idea of equality (or reciprocity) in friendship, embodied in the principle of Confucian ethics of the Three Bonds and the Five Relations, is explored and explained in a modern way. The theory that the sages are equal with the masses, which originated from the theory of human being’s intrinsic goodness, may be directly connected with modern principle of equality. The modern transformation of equality is both political and ethical. The former is to struggle for individual rights; the latter is to establish moral subjectivity. Therefore, equality between sages and the masses manifests modernity. Like the epistemic subjectivity, which could not be discussed without referring to group-individual relationship, the moral subjectivity also contains a consciousness of equality. (shrink)

The purpose of this article is to analyse world-view and mythological expressions in Russian and Soviet Constitutional acts that implicitly or explicitly refer to any kind of idea legitimising the shape of the state, its political system or the nature of political power. The object of the argument will be exclusively such provisions of fundamental laws which: having neither a purely regulatory nor a purely programmatic character, model mental representations of the world of the legal text by reference to (...) ‘situationally transcendent’ ideas in Mannheim’s sense ; justify the content of the legal provision by means of such imagery, without being part of the preamble or any different integral part of the Constitution, characterised by a different ontology of the text; justify the content of provisions linked to political power and/or the nature of the state. The materials of the analysis are: Fundamental Laws of the Russian Empire of 1906, the Constitutional texts of the Union of Soviet Socialist Republics of 1924, 1936 and 1977, and the current Constitution of the Russian Federation. Consecutive Constitutions of the Russian Soviet Federative Socialist Republic are also referred to. The analysed formulations, legally irrelevant in a conventional reading of a legal text, participate in the semiosis of both the provisions that contain them and the entire texts of the fundamental laws. In this way, the Constitutions incorporate into their complex of meanings either religious expressions, mythologised ideological figures or figures of historical memory associated with collective identity. (shrink)

Summary This essay is divided into three parts. The first examines the documents about Antiphon in the “Lives of the Ten Orators”, which have been attributed to the collection of Craterus, and shows that they must be forgeries because the information contained in them is inconsistent with reliable sources about Athenian laws and legal procedure and with the language and formulas of the preserved decrees of the fifth century and contains other serious mistakes. The second section examines the fragments (...) of the work of Craterus and shows that all are Athenian decrees, most of which relate to imperial administration or to famous personalities and are dated to the period between roughly 480 and 410. None of the fragments of this work can be dated earlier or later than this period. The third section reviews the documents inserted into the texts of the speeches of Andocides, Aeschines and Demosthenes and shows that in the majority of cases the editors who inserted these documents into the text could not have used the work of Craterus either for the texts of the genuine documents or for the information contained in the forged documents. In the other cases there is no evidence indicating that these editors consulted his work, and it appears that those who composed these documents used other sources. (shrink)

In the article, I analyze Georg Simmel’s essay on individual law and summarize his criticism of the concept of a universal moral law, which was developed by Immanuel Kant. Simmel identifies two ways of conceptualizing the concept of a moral law: as universal, referring to the regulation of the actions of all rational beings, and as individual, including a specific acting person in his integrity and connection with the world, which is, at the same time, absolute only for him. Kant (...) became the personification of the first method for Simmel; Simmel put forward the second method as an alternative to the first. The central characteristic of law for Simmel is its integrity and individuality, not rationality and universality. If Kant understands the moral law through a distraction from personal characteristics and inclinations in favor of impersonal norms that operate for all rational beings, then, for Simmel, the moral law manifests itself as an integral and individual human act, in which the flow of life manifests itself in the whole. Simmel insists that the idea of Kant’s universal law overlooks the very es-sence of moral obligation, which can only be individual, since only in an individual form life manifests itself – a single source of both the real and the proper. The article ends with a criticism of Simmel’s example of an individual law, which, as I show, not only contradicts a number of Simmel’s statements made earlier, but also demonstrates the undeveloped nature of his concept as a whole, namely: Simmel’s insensitivity to the distinction between integrity and totality as well as disregard for the figure of the Other. (shrink)

Two philosophers and prominent public figures explore the spiritual and cultural framework within which Russia's crisis and prospects for social renewal must be understood. Their discussion ranges over several main areas of concern in Russia today: the nature of the person and her capacities as social actor, the forms of sociality Russia has known as seen against the background of Orthodoxy and Communism, and Russia's tragedy during the seventy-five years of Communism. A third path is envisaged for Russian renewal (...) based on geopolitical, cultural, and spiritual constants in the history of the nation. (shrink)

The Soviet experience has attracted increasing interest in Russia and abroad over time. Understanding of this heritage is increasingly shifting from political and journalistic discussions to the plane of socio-philosophical and philosophical-anthropological analysis, which leads to modern socio-cultural practices. An example of such a detailed analysis is the work by S.A. Nikolsky, presented in two books, the contents of which successfully complement each other. The author consistently identifies the conditions for the emergence, formation and transformation of the Soviet experience. The (...) presented multifaceted generalization shows that the Soviet is not an accidental incident of history. This is a phenomenon that has deep roots in Russian culture. It was fueled by the complementarity of violence and submission. This complementarity arose as a result of the historical development of Russia. The attempt to “leap” into socialism turned out to be very appropriate in this situation. It was consolidated by the civil war, collectivization, and the ideology of strengthening the class struggle, supported by repression. Violence fills the initial apophatism with an imperious will. Submission is due to a state of survival, concentration on immediate everyday problems. Together they form an explosive mixture of irresponsibility. (shrink)

The content-analysis of the Russian federal and regional basic legislation on the cultural policy has indicated a need in a deep revision of all existing regulatory legal acts, which support the state cultural policy implementation towards building a universal terminology and vesting the functions on the cultural policy implementation in the government as opposed to the statement of the departmental specific approach to the culture.

The article examines the evolution of the views of the German poet and playwright Friedrich Schiller on the concept of a "beautiful soul" as a harmonious combination of mind (form) and sensuality (matter). The idea of this evolution is formed on the basis of the poet's artistic works. The main objects of research are six of Schiller's dramas ("The Robbers", "The Fiesco Conspiracy in Genoa", "Don Carlos, Infante of Spain", "Mary Stuart", "The Maid of Orleans" and "William Tell"), which most (...) vividly depict the poet's attempts to resolve the conflict between form and matter. A number of Schiller's theoretical works are considered as additional sources: on physiology, history and aesthetics. In turn, additional sources allow us to form an idea of the socio-political significance that Schiller attached to his vision of a "beautiful soul." The research is based on the following methods: descriptive, comparative and biographical methods of analyzing works of art. The author of the article proceeds from the premise that the poet, who began under the strong influence of the literary movement "Storm and Onslaught", quickly became disillusioned with Sturmer's individualist hero, whose goal was to maximize his own potential, albeit to the detriment of society. At the same time, it is noted that Schiller did not have confidence in the state and its laws, which seek to simplify the diversity of life by subordinating it to ideal forms. It is concluded that the existence of a "beautiful soul" acting at will and not limited by the law is possible only in a society in which the state has disappeared as an independent institution, merging with the people; in which there is no class stratification and a gap between ordinary citizens and rulers. The contribution of the author of the article is to develop the idea of Schiller as a kind of "ideologue" of a stateless society. The results obtained are planned to be developed in a series of articles devoted to the consideration of Schiller's philosophical views. (shrink)

This book is the first study to engage with the relationship between cosmopolitan political thought and the history of global conflicts. Accompanied by visual material ranging from critical battle painting to the photographic representation of ruins, it showcases established as well as emerging interdisciplinary scholarship in global political thought and cultural history. Touching on the progressive globalization of conflicts between the eighteenth and the twentieth century, including the War of the Spanish Succession, the Seven Years’ War, the Napoleonic wars, the (...) two World Wars, as well as seemingly ‘internal’ civil wars in eastern Europe’s imperial frontiers, it shows how these conflicts produced new zones of cultural contact. The authors build on a rich foundation of unpublished sources drawn from public institutions as well as private archives, allowing them to shed new light on the British, Russian, German, Ottoman, American, and transnational history of international thought and political engagement. (shrink)