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Law and Informal PracticesThe Post-Communist Experience$
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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

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Jus and Lex in Russian Law: A Discussion Agenda

Jus and Lex in Russian Law: A Discussion Agenda

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

William E. Butler

Oxford University Press

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

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