Jump to ContentJump to Main Navigation
Law and Informal PracticesThe Post-Communist Experience$
Users without a subscription are not able to see the full content.

Denis J. Galligan and Marina Kurkchiyan

Print publication date: 2003

Print ISBN-13: 9780199259366

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199259366.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 19 September 2019

Jus and Lex in Russian Law: A Discussion Agenda

Jus and Lex in Russian Law: A Discussion Agenda

Chapter:
(p.47) 3 Jus and Lex in Russian Law: A Discussion Agenda
Source:
Law and Informal Practices
Author(s):

William E. Butler

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199259366.003.0003

Whether and to what extent the ‘rule of law’ existed in the past and/or exists in Russia has become a matter of overriding concern. Perceptions of the rule of law influence foreign investment decisions by multinational companies and investment funds, foreign assistance programmes by international organizations and governments, tourism, the funding and allocation of law enforcement resources, and the depth of commitment to a transition to a market economy. This chapter employs linguistic analysis to show how differently law sits in Russian culture as compared to that of the West. It argues that the absence of consensus about the existence and substance of jus in Russian legal doctrine is disturbing. The heritage of Soviet legal doctrine, a vulgar Marxism positivism, needs to be completely replaced by something consistent with a true rule jus consistent with modern ideas of justness and right.

Keywords:   rule of law, Russian law, Russian culture, Soviet legal doctrine, jus, lex

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .