Russian Legal Realism

Description

This edited volume explores ideas of legal realism which emerge through the works of Russian legal philosophers. Apart from the well-known American and Scandinavian versions of legal realism, there also exists a Russian one: readers will discover fresh perspectives and that the collection of early twentieth century ideas on law discussed in Russia can be understood as a unified school of legal thought – as Russian legal realism. These chapters by renowned European and Eastern European legal philosophers add to ongoing discussions about the nature of law, especially in the context of developments around our scientific knowledge about the mind and behaviour. Analyses of legal phenomena carried out by legal realists in Russia offer novel arguments in favour of embracing psychological and sociological perspectives on the law. The book includes analysis of the St. Petersburg school of legal philosophy and Leon Petrażycki’s psychological theory of law. This original and multifaceted research on Russian realists is of considerable value to an international audience. Researchers and postgraduate students of law, legal theory and legal ethics will find the book particularly appealing, but it will also interest those investigating the philosophy or sociology of law, or legal history. Front Matter ....Pages i-xi The St. Petersburg School of Legal Philosophy and Russian Legal Thought (Andrey Polyakov)....Pages 1-35 Law and Social Constructivism: The Russian School of the Legal Realism Reexamined (Andrey N. Medushevsky)....Pages 37-65 The Theory of State and Law by Nikolay Korkunov (Andrey Polyakov)....Pages 67-78 Sergey Muromtsev: The Founder of Russian Sociological Jurisprudence (Julia Stanek)....Pages 79-91 On Leon Petrażycki’s Critical Realism and Legal Realism (Edoardo Fittipaldi)....Pages 93-109 The Logical and Methodological Foundations of the Theory of Law of Leon Petrażycki in the Context of the Analytical-Phenomenological Tradition (Elena Timoshina)....Pages 111-126 Eugen Ehrlich and Leon Petrażycki: Are Emotions a Viable Criterion to Distinguish Between Law and Morality? (Mikhail Antonov)....Pages 127-138 Russian Naturalistic and Phenomenological Theory of Law and Contemporary Analytical Philosophy of Mind (Andrey Zolkin)....Pages 139-146 The Unrecognized Father of Freudo-Marxism: Mikhail Reisner’s Socio-Psychological Theory of State and Law (Oleksandr Merezhko)....Pages 147-157 Between Psychology and Sociology: The Continuators of Psychological Legal Theory (Julia Stanek)....Pages 159-176