THE EMERGENCE OF IDEAS ABOUT LEGAL PROGRESS IN RUSSIA (XVIII – EARLY XIX C.)

Year: 
2023

Article:

Issue: 
5

UDC: 
340
DOI: 
10.34076/22196838_2023_5_5
Author(s): 

Arkhipov Sergey

Professor, Ural State Law University named after V. F. Yakovlev (Yekaterinburg), visiting professor, Paris Nanterre (Paris, France), doctor of legal sciences, ORCID: 0000-0003-0154-5494, e-mail: arhip10@mail.ru.

Author(s): 
Arkhipov Sergey
Abstract: 

The article examines how the Western idea of social progress in the XVIII – early XIX c. became the property of the liberal Russian intelligentsia, domestic jurists, reformers and transformed into ideas about the social and legal development of Russia. The views of progressive Russian pre-revolutionary jurists (S. E. Desnitsky, I. A. Tretyakov, Ya. P. Kozelsky, A. N. Radishchev, M. M. Speransky, etc.), as well as individual Russian monarchs (Catherine II, Alexander I) are analyzed. The author comes to the conclusion that the cultural soil, the social environment of the Russian Empire (the communal traditions of the people, the «eastern» legal consciousness, the patriarchal way of life) were not the most favorable for the implementation of the Western idea of social progress. For this reason many legal reforms focused on European ideals were of a half-hearted, incomplete nature. Nevertheless, the idea of social progress, critically rethought and modified taking into account Russian realities, gradually took root in the legal consciousness, determining the further course of Russian history.

Key words: 

the idea of legal progress, legal development, legal consciousness, factors of legal progress, the legal future of Russia

For citation: 

Arkhipov S. (2023) The emergence of ideas about legal progress in Russia (XVIII – early XIX c.). In Elektronnoe prilozhenie k «Rossiiskomu yuridicheskomu zhurnalu», no. 5, pp. 5–18, DOI: https://doi.org/10.34076/22196838_2023_5_5.

Text of the article: 

Publication date: 
Tuesday, 05.03.2024

English