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Law, Rights and Ideology in Russia

Law, Rights and Ideology in Russia Landmarks in the Destiny of a Great Power

Author: Bill Bowring
Publisher: Routledge
ISBN: 9780415683463
Published In: May 2013
Format: Hardback , 238 pages
Jurisdiction: Russia ? Disclaimer:
Countri(es) stated herein are used as reference only

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Law, Rights and Ideology in Russia: Landmarks in the Destiny of a Great Power brings into sharp focus several key episodes in Russia’s vividly ideological engagement with law and rights. Drawing on 30 years of experience of consultancy and teaching in many regions of Russia, and on library research in Russian language texts, Bill Bowring provides unique insights into people, events and ideas. A constant theme is the centuries long hegemonic struggle between Westernisers and Slavophiles, against the backdrop of the Messianism which proclaimed Russia to be the Third Rome, was revived in the mission of Soviet Russia to change the world, and which has echoes in contemporary Eurasianism and the ideology of Sovereignty.

The book starts with the surprising role of the Scottish Enlightenment in the origins of law as an academic discipline in Russia in the 18^th century, with the first professor of law to teach in Russian, Adam Smith’s pupil Semeon Desnitskiy. The Great Reforms of Tsar Aleksandr II, abolishing serfdom in 1861 and introducing Jury Trial in 1864, are examined in detail against the debate as to whether these were genuine reforms or the response to a revolutionary situation. A new interpretation of the life and work of the Soviet legal theorist Yevgeniy Pashukanis leads to an analysis of the conflicted attitude of the USSR to international law and human rights, especially the right of peoples to self-determination. The collapse of the USSR in 1991was part of the "parade of sovereignties" in which Russia’s very existence was at threat, and a chapter considers the complex history of autonomy in Tsarist and Soviet Russia. An examination of Russia’s plunge into the European human rights system under Yeltsin is followed by the history of the death penalty in Russia. Finally, the secrets of the ideology of "sovereignty" in the Putin era and their impact on law and rights are revealed.

Introduction; 1. Theorising Russia’s ideological history; 2.The Scottish enlightenment in the Russian Empire; 3. The 1850s and 1860s in Russia: revolutionary situation or great reforms?; 4. The trajectory of Yevgeniy Pashukanis, and the struggle for power in Soviet international law; 5. Soviet international law and self-determination; 6.The collapse of the Soviet Union and the ‘parade of sovereignties; 7.Russian autonomy; 8. Human rights in the Yeltsin period; 9.Russia and the death penalty; 10. Sovereign democracy; 11.Autobiographical note

"Bill Bowring brings to his new book insights gained from a close study of Russian sources usually ignored by Western scholars, as well as a professional lifetime's fascination with Russian legal and political theory. His contextual discussions bring a new level of understanding of the importance of the landmarks on which he focuses. This book will be invaluable to anyone with an interest in Russia, her history, legal system and political development. The style is clear and accessible, making the book enjoyable to read as well is hugely informative. Very highly recommended."

Jane Henderson, King's College London; author of "The Constitution of the Russian Federation: A Contextual Analysis" (Hart 2011)