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Evolution of Russian Legal Realism in Theory and Practice: Imperial, Soviet and Modern
Convenors
Evgenii Tonkov (North-West Institute of Management – RANEPA, Russia)
e.tonkov@gmail.com
Dmitrii Tonkov (MGIMO University, Russia)
dmitrii.tonkov@gmail.com
Abstract
Special workshop provides for further discussion on Russian Legal Realism (RLR) in theory and practice throughout imperial, Soviet and modern periods of its existence. Continuing special workshop “Legal Realism in Russia” (held during IVR 2022 in Bucharest), it aims to define specific characteristics of Russian version of legal realism, including its conceptual connection with American, Scandinavian and other variants from the beginning of the 20th century to the present day.
Content
In particular, the workshop intends to consider different points of view on RLR in current science, proposed by such scholars as A. Polyakov, A. N. Medushevsky, J. Stanek, E. Fittipaldi, E. Timoshina, M. Antonov, A. Zolkin, O. Merezhko, etc. Being introduced into world science in 2012, RLR is still successfully develops in various national non-English and international English works, which are suggested to be analyzed and include, inter alia, the following:
– Tonkov DE, Tonkov EN (2023) Legal Realism, Russian. In: Sellers M, Kirste S (eds) Encyclopedia of the Philosophy of Law and Social Philosophy. Springer Dordrecht, pp 1982–1988.
– Tonkov EN, Tonkov DE (2022) Legal Realism. Pax Britannica Series. Aletheia, Saint-Petersburg. (in Eng. and Rus.)
– Antonov MV (2018) Legal Realism in Soviet and Russian Jurisprudence. Rev Cent East Eur Law 43(4):483–518.
– Brożek B, Stanek J, Stelmach J (eds) (2018) Russian Legal Realism. Law and Philosophy Library. Vol. 125. Springer, Cham.
– Tonkov EN (2012) Russian legal realism. In: Changing the Russian Law: legality and current challenges (17–19 October 2012, conference program). University of Helsinki, Helsinki.
It seems evident that representatives of the St. Petersburg School of Philosophy of Law, headed by Leon Petrażycki, played an important role in the formation of RLR. However, it is necessary to emphasize that the Russian realistic movement in law should be viewed through the prism of a wider range of actors, whose theoretical and practical activities shaped the realities of Russian law in the 20th–21st centuries, such as (in alphabetical order): A. Vyshinsky, F. Dzerzhinsky, V. Lenin (Ulyanov), Ya. Magaziner, E. Pashukanis, L. Petrażycki, M. Reisner, A. Sacchetti, I. Stalin (Dzhugashvili), P. Stuchka and many others.
RLR is based on a broad understanding of the sources of law, the concepts of the individual normative system of the subject of law, the multiplicity and parallelism of normative systems, the ideas of the psychological approach to law by L. Petrażycki and his followers. The term is also used for the study of legislative and law enforcement doctrines, according to which declarative norms of a fair order do not necessarily coincide with legal practice. The workshop encourages to clarify historical patterns and essential features of the legal order formed on the territories of the Russian Empire after the October Revolution of 1917.
To sum up, special workshop offers to discuss RLR as a specific phenomenon in world and Russian jurisprudence within three periods (imperial, Soviet and modern). All researchers of realistic jurisprudence, world and Russian legal theory, philosophy, sociology and psychology are welcomed to the discussion.
Participation
Interested applicants are invited to send abstracts (max. 800 words) to dmitrii.tonkov@gmail.com before 31st May, 2024. Institutional affiliation and brief CV are requested. Please, indicate “IVR 2024” at the subject line of your e-mail.
If you are interested in taking part in the special workshop without presentation, please, also inform us via e-mail before 31st May, 2024.
Working language of the special workshop is English.
Information about convenors
Evgenii N. TONKOV – PhD in Law, Associate Professor, Department of Law, North-West Institute of Management – branch of the Russian Presidential Academy of National Economy and Public Administration; Lecturer, Department of Law, St Petersburg University (Saint-Petersburg, Russia), barrister. Participant of IVR 2011 (Frankfurt am Main, Germany), IVR 2015 (Washington D.C., USA), IVR 2017 (Lisbon, Portugal), IVR 2019 (Lucerne, Switzerland) and IVR 2022 (Bucharest, Romania).
Dmitrii E. TONKOV – PhD in Law, Lecturer, Federal state autonomous institution of higher education “Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of the Russian Federation” (Moscow, Russia). Participant of IVR 2019 (Lucerne, Switzerland) and IVR 2022 (Bucharest, Romania).
Special workshop provides for further discussion on Russian Legal Realism (RLR) in theory and practice throughout imperial, Soviet and modern periods of its existence. Continuing special workshop “Legal Realism in Russia” (held during IVR 2022 in Bucharest), it aims to define specific characteristics of Russian version of legal realism, including its conceptual connection with American, Scandinavian and other variants from the beginning of the 20th century to the present day.
Content
In particular, the workshop intends to consider different points of view on RLR in current science, proposed by such scholars as A. Polyakov, A. N. Medushevsky, J. Stanek, E. Fittipaldi, E. Timoshina, M. Antonov, A. Zolkin, O. Merezhko, etc. Being introduced into world science in 2012, RLR is still successfully develops in various national non-English and international English works, which are suggested to be analyzed and include, inter alia, the following:
– Tonkov DE, Tonkov EN (2023) Legal Realism, Russian. In: Sellers M, Kirste S (eds) Encyclopedia of the Philosophy of Law and Social Philosophy. Springer Dordrecht, pp 1982–1988.
– Tonkov EN, Tonkov DE (2022) Legal Realism. Pax Britannica Series. Aletheia, Saint-Petersburg. (in Eng. and Rus.)
– Antonov MV (2018) Legal Realism in Soviet and Russian Jurisprudence. Rev Cent East Eur Law 43(4):483–518.
– Brożek B, Stanek J, Stelmach J (eds) (2018) Russian Legal Realism. Law and Philosophy Library. Vol. 125. Springer, Cham.
– Tonkov EN (2012) Russian legal realism. In: Changing the Russian Law: legality and current challenges (17–19 October 2012, conference program). University of Helsinki, Helsinki.
It seems evident that representatives of the St. Petersburg School of Philosophy of Law, headed by Leon Petrażycki, played an important role in the formation of RLR. However, it is necessary to emphasize that the Russian realistic movement in law should be viewed through the prism of a wider range of actors, whose theoretical and practical activities shaped the realities of Russian law in the 20th–21st centuries, such as (in alphabetical order): A. Vyshinsky, F. Dzerzhinsky, V. Lenin (Ulyanov), Ya. Magaziner, E. Pashukanis, L. Petrażycki, M. Reisner, A. Sacchetti, I. Stalin (Dzhugashvili), P. Stuchka and many others.
RLR is based on a broad understanding of the sources of law, the concepts of the individual normative system of the subject of law, the multiplicity and parallelism of normative systems, the ideas of the psychological approach to law by L. Petrażycki and his followers. The term is also used for the study of legislative and law enforcement doctrines, according to which declarative norms of a fair order do not necessarily coincide with legal practice. The workshop encourages to clarify historical patterns and essential features of the legal order formed on the territories of the Russian Empire after the October Revolution of 1917.
To sum up, special workshop offers to discuss RLR as a specific phenomenon in world and Russian jurisprudence within three periods (imperial, Soviet and modern). All researchers of realistic jurisprudence, world and Russian legal theory, philosophy, sociology and psychology are welcomed to the discussion.
Participation
Interested applicants are invited to send abstracts (max. 800 words) to dmitrii.tonkov@gmail.com before 31st May, 2024. Institutional affiliation and brief CV are requested. Please, indicate “IVR 2024” at the subject line of your e-mail.
If you are interested in taking part in the special workshop without presentation, please, also inform us via e-mail before 31st May, 2024.
Working language of the special workshop is English.
Information about convenors
Evgenii N. TONKOV – PhD in Law, Associate Professor, Department of Law, North-West Institute of Management – branch of the Russian Presidential Academy of National Economy and Public Administration; Lecturer, Department of Law, St Petersburg University (Saint-Petersburg, Russia), barrister. Participant of IVR 2011 (Frankfurt am Main, Germany), IVR 2015 (Washington D.C., USA), IVR 2017 (Lisbon, Portugal), IVR 2019 (Lucerne, Switzerland) and IVR 2022 (Bucharest, Romania).
Dmitrii E. TONKOV – PhD in Law, Lecturer, Federal state autonomous institution of higher education “Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of the Russian Federation” (Moscow, Russia). Participant of IVR 2019 (Lucerne, Switzerland) and IVR 2022 (Bucharest, Romania).
Internationale Vereinigung für Rechts- und Wirtschaftsphilosophie /
International Association for Philosophy of Law and Social Philosophy
