Special Issue
THE HISTORY AND PHILOSOPHY OF LAW
Sergey Shevtsov
Odessa National University, Ukraine, sergiishevtsov@gmail.com
Language: Russian
Issue: ΣΧΟΛΗ 4.1 (2010) 9–31
Keywords. law, mentality, legal consciousness, warfare
Abstract. Correlation of changes in the mentality of a given society and its legal consciousness is counted among the most salient problems that legal history has been facing since at least the second part of the 20th century. There are however considerable theoretical and practical difficulties in these areas, which involve a shift of interpretative paradigm as well as a new approach to the lamentable sparse sources. In these circumstances certain possibilities for further research can be found, for instance, in studying classical forms of legal consciousness as they are reflected in such forms of activities, as these abundantly presented in Greek and Roman military literature, since, obviously, military organization and the ways of warfare involve the structures and mentality, often parallel to these in the realm of law.
Arina Bragova
Nizhny Novgorod State Linguistic University, Russia, arbra@mail.ru
Language: Russian
Issue: ΣΧΟΛΗ 4.1 (2010) 32–41
Keywords. Rome, natural law, legal rules, justice, equality
Abstract. Formulating the juridical component of his ideal state in the dialogue De legibus Cicero combines Greek legal theory and Roman state activity. He sees the law as a supreme ratio inherent in the nature, which allows people to do what ought to be done and to refrain from the opposite. It is justice that can be found at the core of law, but (contrary to the sophistic tradition) – justice available to every citizen, not exclusively to the rulers, since only this sort of law guarantees equal treatment to all Roman citizens. Justice and equality are deeply rooted in civil virtues reflected in Roman tradition, an unwritten law of divine origin (that is why religious laws have to be most strictly observed). Examples given in the article show how Cicero uses these theoretical premises in his discussion of some legal acts related to the imperium of magistrates and the function of the tribunate.
Vera Dementieva
Yaroslavl’ State University, Russia, vv_dementieva@mail.ru
Language: Russian
Issue: ΣΧΟΛΗ 4.1 (2010) 42–63
Keywords. Roman Republic, public power, imperium, dictatorship
Abstract. The Roman dictators regularily (invested with power by the Roman state in the 5th – 3rd bce с. in the situations of serious military treats to the Republic) had to accomplish three legally regulated public acts. They closed the courts, declare, if necessary, a levy in mass (if the warriors already called up for military service by ordinary magistrates were not numerous enough for starting a campaign), and personally supervised recruitment and training of the troops. Their orders were published in the form of an edictum which, most probably, contained all these regulations. Regardless of the purpose of its declaration, the dictatorship transferred the civil life of the city in the state of militiae. The newly formed army swore fidelity (called sacramentum) to the commander and – from the time of the Second Punic war – made a formal declaration of loyalty, ius iurandum. Contrary to a widespread scholarly opinion the author argues that it is the applicable legal rules, rather then the sphere of their applicability that distinguishes the imperium of an ordinary magistrate from this of an extraordinary one. Therefore, talking (not quite correctly) about “military imperium” of an extraordinary magistrate, the historians of Roman law are in reality dealing with an application of his imperium in military sphere.
Leonid Kofanov
Centre of Roman Law, Institute of History, Russian Academy of Sciences, Moscow, leokofanov@yandex.ru
Language: Russian
Issue: ΣΧΟΛΗ 4.1 (2010) 64–77
Keywords. Civil, public, municipal law, Roman provinces
Abstract. In this analytical outline of the history of roman law in Spain from the 2nd c. B. C. E. to the 6th c. C. E., the author notices that even in the 2nd century B. C. E. Roman legal and political institutes exercised so great influence on the Republican’s allies in Spain, that the emerging provincial government adopted almost all their characteristic elements, including the majority of public regulations, legal proceedings, and language. Narrative and epigraphic evidences leave no doubt that already by the beginning of the Common Era the municipal law in Spain had effectively copied and assimilated all public and private Roman legal institutes. The most active involvement of the Spanish in Roman politics (including the Roman emperors descending from this region) made the province an important propagator of Roman legal and political tradition to the rest of the western world, whilst the consequent assimilation of the Goths (Roman allies for more that a century) helped Spain to become the last outpost of roman law in Europe until the Arabian invasion, and the Breviarium of Alaric is a good evidence to this process.
Sergey Sannikov
Siberian Academy of State Service, Russia, sannikov_sv@yahoo.com
Language: Russian
Issue: ΣΧΟΛΗ 4.1 (2010) 78–100
Keywords. royal authority, treason, crimen laesae maiestatis, medieval, Germanic law
Abstract. Analyzing Early Medieval legal and historical sources, the author reconstructs the main stages of the historical evolution of notions concerning the essence of crimes against royal authority from civil delictum to treason. It is shown that the following four components form the basis of the idea of treason: a breach of king’s peace, a breach of fidelity to the king as to a lord, crimen laesae maistatis, and a breach of religious commandments. This set of components corrects and broadens the existent scholarly interpretations of the Early Medieval concept of treason.
Gennady Pikov
Novosibirsk State University, Russia, gennadij-pikov@yandex.ru
Language: Russian
Issue: ΣΧΟΛΗ 4.1 (2010) 101–136
Keywords. Judaism, Christianity, religion, criminal law, violence, trespass, sin, punishment
Abstract. The Old Testament criminal law, especially its moralizing attitude to state and private violence, crime and punishment, can be ranked among the most important sources of Medieval and Modern jurisprudence. The article analyses basic cultural preconditions of the formation and evolution of Judeo-Christian legal theory, peculiarities of criminological thinking in Judaism and Christianity, causes and effects of the fundamental ties between religion and law in traditional societies, and possible convergence of Mosaic and Modern criminal law.
Vitaly Ogleznev
Russian Academy of Justice, the West Siberian Branch, Russia, ogleznev82@mail.ru
Language: Russian
Issue: ΣΧΟΛΗ 4.1 (2010) 137–148
Keywords. analytical legal philosophy, theory of speech acts, legal rules, ascriptions
Abstract. The article seeks to instantiate the distinctive features and basic research strategies in legal ontology as they are presented in the early works by the famous Oxford philosopher of law Herbert Hart, published before his major book The Concept of Law (1961). The author tries to isolate the most salient aspects of the analytical legal tradition applicable to Russian legal theory, which can bridge the existing gap between these approaches despite considerable difference both in their background and methodology.
Anton Didikin
Institute of philosophy and law, Novosibirsk State University, Russia, abdidikin@bk.ru
Language: Russian
Issue: ΣΧΟΛΗ 4.1 (2010) 149–165
Keywords. Hart, Kelsen, analytic philosophy, legal rules, concept of law
Abstract. The paper attempts to analyze the historical aspects of the formation of analytic tradition in the 20th century philosophy of law. We consider the ongoing discussions about the concept of law and their influence on the so called “linguistic turn” in modern legal thought as well as the problems of the conceptual grounds and the methodology in legal theory. The author suggests a new approach to the historical analysis of the external and internal factors that influence the development of the contemporary legal ideas and the conceptions in the philosophy of law.
Eugene Afonasin
The centre for Ancient philosophy and the classical tradition,
Novosibirsk State University, Institute of philosophy and law, Russia, afonasin@gmail.com
Introduction, Russian translation and notes
Language: Russian
Issue: ΣΧΟΛΗ 4.1 (2010) 166–193
Keywords. Political philosophy, Late Antiquity, Platonism, Fate, moral responsibility
Abstract. The Letters by the Neoplatonic philosopher Iamblichus of Chalchis (c. 242–325 ce), preserved in a fragmentary form by John of Stobi in his Antologia are translated into Russian for the first time. The work is based on a new commented edition of the Letters by John Dillon and Wolfgang Polleichtner (SBL Press, Atlanta, 2009) and a partial French translation in O’Meara D., Schamp J., eds. (2006) Miroirs de prince de l’Empire romain au IVe siècle (Fribourg / Paris). In his introduction and notes to the translation the author mainly focuses on various aspects of political philosophy, advocated by Iamblichus.
