LEADER 02153nam a2200301 a 4500
008 210125s2021 ne 001 0 eng d
a| 9789004442573 (hbk)
z| 9789004442580 (pdf)
a| RU 27 q| DE-Y10 2| mpilcs
a| Antonov, Mikhail.
a| Formalism, decisionism and conservatism in russian law. / c| Mikhail Antonov.
a| Leiden : b| Brill, c| 2021.
a| 210 p.
a| Law in Eastern Europa v| 68
a| Includes bibliographical references and index
a| • Acknowledgements • Abbreviations • Introduction • Chapter 1 Formalism and Decisionism in Soviet and Russian Jurisprudence • Chapter 2 The Philosophy behind Human Rights: Valerii Zorkin vs. the West? • Chapter 3 Conservatism in Russia and Sovereignty in Human Rights • Chapter 4 Religion, Sexual Minorities, and the Rule of Law in Russia: Mutual Challenges • Chapter 5 Religious Beliefs in the Jurisprudence of the Russian Supreme Court • Conclusion • Index
a| This volume examines the elements of formalism and decisionism in Russian legal thinking and, also, the impact of conservatism on the interplay of these elements. The actual conservative narratives, about the distinctiveness of Russian law, reveal certain features of the intellectual culture that is transmitted in legal education, scholarship and practice. These narratives are based on the idea of sovereignty understood as legal omnipotence of the state. References to sovereignty justify the requirement of legality in the sense of fidelity to the letter of the law. They also often serve as a rationale for crafting exceptions to constitutional non-discrimination principles as they are applied to political, religious, sexual and other minorities.
a| Law in Eastern Europe v| 68