Dogma and Legal History in Russian Science of Civil Law
The paper presents the analysis of correlation between the legal dogma and legal history as it was reflected in the theoretical publications of several renowned Russian Private Law scholars throughout the 20th century. The author states that historical argument may, and should, perform the explanat...
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| Format: | Article |
| Language: | deu |
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STS Science Centre Ltd.
2011-01-01
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| Series: | Journal on European History of Law |
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| Online Access: | https://www.journaloneuropeanhistoryoflaw.eu/index.php/JEHL/article/view/308 |
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| _version_ | 1849430911911723008 |
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| author | Dmitry Poldnikov |
| author_facet | Dmitry Poldnikov |
| author_sort | Dmitry Poldnikov |
| collection | DOAJ |
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The paper presents the analysis of correlation between the legal dogma and legal history as it was reflected in the theoretical publications of several renowned Russian Private Law scholars throughout the 20th century. The author states that historical argument may, and should, perform the explanatory and corrective functions in relation to legal dogma, but de facto it serves as an ornament in Russian Private Law studies. The author traces the causes of this discrepancy between the desired and actual state of the legal discipline by examining colloquial, philosophical and legal meanings of “dogma” in Russia; European ancient and medieval origins of the legal dogma; and its link with the modern Roman law. The author argues in favour of a more active usage of Legal History in order to correct the inherent drawbacks of dogmatic approach to legal research.
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| format | Article |
| id | doaj-art-c19fa70b34bd490daae3eade978084c4 |
| institution | Kabale University |
| issn | 2042-6402 3049-9089 |
| language | deu |
| publishDate | 2011-01-01 |
| publisher | STS Science Centre Ltd. |
| record_format | Article |
| series | Journal on European History of Law |
| spelling | doaj-art-c19fa70b34bd490daae3eade978084c42025-08-20T03:27:48ZdeuSTS Science Centre Ltd.Journal on European History of Law2042-64023049-90892011-01-0121Dogma and Legal History in Russian Science of Civil LawDmitry Poldnikov0Higher School of Economics, Faculty of Law, Department of Legal Theory and Comparative Jurisprudence, Moscow, Russia The paper presents the analysis of correlation between the legal dogma and legal history as it was reflected in the theoretical publications of several renowned Russian Private Law scholars throughout the 20th century. The author states that historical argument may, and should, perform the explanatory and corrective functions in relation to legal dogma, but de facto it serves as an ornament in Russian Private Law studies. The author traces the causes of this discrepancy between the desired and actual state of the legal discipline by examining colloquial, philosophical and legal meanings of “dogma” in Russia; European ancient and medieval origins of the legal dogma; and its link with the modern Roman law. The author argues in favour of a more active usage of Legal History in order to correct the inherent drawbacks of dogmatic approach to legal research. https://www.journaloneuropeanhistoryoflaw.eu/index.php/JEHL/article/view/308Dogmalegal historymedieval ius communeRussian legal scienceRoman lawPandectists |
| spellingShingle | Dmitry Poldnikov Dogma and Legal History in Russian Science of Civil Law Journal on European History of Law Dogma legal history medieval ius commune Russian legal science Roman law Pandectists |
| title | Dogma and Legal History in Russian Science of Civil Law |
| title_full | Dogma and Legal History in Russian Science of Civil Law |
| title_fullStr | Dogma and Legal History in Russian Science of Civil Law |
| title_full_unstemmed | Dogma and Legal History in Russian Science of Civil Law |
| title_short | Dogma and Legal History in Russian Science of Civil Law |
| title_sort | dogma and legal history in russian science of civil law |
| topic | Dogma legal history medieval ius commune Russian legal science Roman law Pandectists |
| url | https://www.journaloneuropeanhistoryoflaw.eu/index.php/JEHL/article/view/308 |
| work_keys_str_mv | AT dmitrypoldnikov dogmaandlegalhistoryinrussianscienceofcivillaw |