By Richard S. Wortman
ISBN-10: 0226907759
ISBN-13: 9780226907758
Till the 19th century, the Russian criminal process used to be topic to an administrative hierarchy headed by means of the tsar, and the courts have been anticipated to implement, now not interpret the legislations. Richard S. Wortman right here strains the 1st expert category of criminal specialists who emerged through the reign of Nicholas I (1826 - fifty six) and who started to view the legislation as a uniquely glossy and autonomous resource of authority. Discussing how new criminal associations healthy into the normal method of tsarist rule, Wortman analyzes how clash arose from an analogous highbrow methods that produced felony reform. He finally demonstrates how the degree was once set for later occasions, because the autocracy and judiciary pursued contradictory-and collectively destructive-goals.
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Sample text
43 The provincial nobility in the eighteenth century seemed to prefer informal settling of disputes where this was possible. Unfortunately, this practice has left few traces in the sources. Personal mediation was one means of settling disputes, though it is difficult to tell how frequently it was used. Gogol's judge, Demian Demianovich, who advised the two Ivans to settle their differences amicably at a drinking party to which he would be invited, was a caricature of what must have been a familiar type.
76 His notion of justice was simple. When asked why an innocent person should be declared guilty, he replies, Because all people are sinners. I myself was a judge. It used to to be that the guilty paid for his guilt and the innocent for his innocence. H Fonvizin, who in his youth had been close to Nikita Panin's circle, gave his answer to the problem in the letters from his character, Starodum (old thought)-the fount of traditional wisdom. In Starodum's letters, Mr. Zdravomysl' (Mr. Common Sense) says that sometimes judges could not understand cases because they lacked practice and the ability to understand.
Strube de Piermont, a Belgian, taught at the Academy of Sciences. Dilthei, an Austrian, became the first professor of law at Moscow University when it was founded in 1755. Both taught Roman and natural law, though in 1770 Dilthei began to teach Russian law as well, on the basis of the Naval and Military statutes. " Strube repeated an argument first stated by Peter-that the judiciary was as essential to the power of the state as the military. But he went further, insisting that the law was a pursuit superior to the bearing of arms.