Juries and the Transformation of Criminal Justice in France in the Nineteenth and Twentieth Centuries

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Publisher : Univ of North Carolina Press
ISBN 13 : 0807833630
Total Pages : 274 pages
Book Rating : 4.8/5 (78 download)

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Book Synopsis Juries and the Transformation of Criminal Justice in France in the Nineteenth and Twentieth Centuries by : James Michael Donovan

Download or read book Juries and the Transformation of Criminal Justice in France in the Nineteenth and Twentieth Centuries written by James Michael Donovan and published by Univ of North Carolina Press. This book was released on 2010 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: James Donovan takes a comprehensive approach to the history of the jury in modern France by investigating the legal, political, sociocultural, and intellectual aspects of jury trial from the Revolution through the twentieth century. He demonstrates that t

Juries and the Transformation of Criminal Justice in France in the Nineteenth and Twentieth Centuries

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Author :
Publisher : Univ of North Carolina Press
ISBN 13 : 0807895776
Total Pages : 273 pages
Book Rating : 4.8/5 (78 download)

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Book Synopsis Juries and the Transformation of Criminal Justice in France in the Nineteenth and Twentieth Centuries by : James M. Donovan

Download or read book Juries and the Transformation of Criminal Justice in France in the Nineteenth and Twentieth Centuries written by James M. Donovan and published by Univ of North Carolina Press. This book was released on 2010-02-01 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: James Donovan takes a comprehensive approach to the history of the jury in modern France by investigating the legal, political, sociocultural, and intellectual aspects of jury trial from the Revolution through the twentieth century. He demonstrates that these juries, through their decisions, helped shape reform of the nation's criminal justice system. From their introduction in 1791 as an expression of the sovereignty of the people through the early 1900s, argues Donovan, juries often acted against the wishes of the political and judicial authorities, despite repeated governmental attempts to manipulate their composition. High acquittal rates for both political and nonpolitical crimes were in part due to juror resistance to the harsh and rigid punishments imposed by the Napoleonic Penal Code, Donovan explains. In response, legislators gradually enacted laws to lower penalties for certain crimes and to give jurors legal means to offer nuanced verdicts and to ameliorate punishments. Faced with persistently high acquittal rates, however, governments eventually took powers away from juries by withdrawing many cases from their purview and ultimately destroying the panels' independence in 1941.

The Limits of Criminological Positivism

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Publisher : Routledge
ISBN 13 : 1000476294
Total Pages : 302 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis The Limits of Criminological Positivism by : Michele Pifferi

Download or read book The Limits of Criminological Positivism written by Michele Pifferi and published by Routledge. This book was released on 2021-10-30 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Limits of Criminological Positivism: The Movement for Criminal Law Reform in the West, 1870-1940 presents the first major study of the limits of criminological positivism in the West and establishes the subject as a field of interest. The volume will explore those limits and bring to life the resulting doctrinal, procedural, and institutional compromises of the early twentieth century that might be said to have defined modern criminal justice administration. The book examines the topic not only in North America and western Europe, with essays on Italy, Germany, France, Spain, the United Kingdom, Belgium, and Finland but also the reception and implementation of positivist ideas in Brazil. In doing so, it explores three comparative elements: (1) the differing national experiences within the civil law world; (2) differences and similarities between civil law and common law regimes; and (3) some differences between the two leading common-law countries. It interrogates many key aspects of current penal systems, such as the impact of extra-legal scientific knowledge on criminal law, preventive detention, the ‘dual-track’ system with both traditional punishment and novel measures of security, the assessment of offenders’ dangerousness, juvenile justice, and the indeterminate sentence. As a result, this study contributes to a critical understanding of some inherent contradictions characterizing criminal justice in contemporary western societies. Written in a straight-forward and direct manner, this volume will be of great interest to academics and students researching historical criminology, philosophy, political science, and legal history.

“Misfits” in Fin-de-Siècle France and Italy

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Publisher : Bloomsbury Publishing
ISBN 13 : 1350013404
Total Pages : 312 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis “Misfits” in Fin-de-Siècle France and Italy by : Susan A. Ashley

Download or read book “Misfits” in Fin-de-Siècle France and Italy written by Susan A. Ashley and published by Bloomsbury Publishing. This book was released on 2017-05-04 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the 19th century drew to a close, France and Italy experienced an explosion of crime, vagrancy, insanity, neurosis and sexual deviance. “Misfits” in Fin-de-Siècle France and Italy examines how the raft of self-appointed experts that subsequently emerged tried to explain this aberrant behavior and the many consequences this had. Susan A. Ashley considers why these different phenomena were understood to be interchangeable versions of the same inborn defects. The book looks at why specialists in newly-minted disciplines in medicine and the social sciences, such as criminology, neurology and sexology, all claimed that biological flaws – some inherited and some arising from illness or trauma – made it impossible for these 'misfits' to adapt to modern life. Ashley then goes on to analyse the solutions these specialists proposed, often distinguishing between born deviants who belonged in asylums or prisons and 'accidental misfits' who deserved solidarity and social support through changes to laws relating to issues like poverty and unemployment. The study draws on a comprehensive examination of contemporary texts and features the work of leading authorities like Cesare Lombroso, Jean-Martin Charcot, and Théodule Ribot, as well as investigators less known now but influential at the time. The comparative aspect also interestingly shows that experts collaborated closely across national and disciplinary borders, employed similar methods and arrived at common conclusions. This is a valuable study for all social and cultural historians of France and Italy and anyone interested in knowing more about the history of medicine in modern Europe.

The Jury: a Very Short Introduction

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Publisher : Oxford University Press
ISBN 13 : 0190923911
Total Pages : 177 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis The Jury: a Very Short Introduction by : Renée Lettow Lerner

Download or read book The Jury: a Very Short Introduction written by Renée Lettow Lerner and published by Oxford University Press. This book was released on 2023-02-28 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: "I owe a great debt to the many jurors, judges, lawyers, trial consultants, historians, and academics around the world from whom I have had the pleasure of learning about the jury. Traci Emerson Spackey of the George Washington University Law Library provided extraordinarily creative and effective help in locating images and other sources. Clifford Ando gave valuable recommendations about sources for the ancient world, and Daniela Cammack kindly provided drafts of her now-published article about Athenian juries. Trial lawyer Bobby Burchfield generously gave detailed and deeply knowledgeable comments on the manuscript. Karen Wahl provided expert assistance locating sources. I thank Morgan Reinhardt for allowing me to use her research on jury forepersons, and Anna Offit, her law professor, for guiding me to her and for comparative work on juries. Anna Caraveli and Jonathan Chaves, my colleague at George Washington University, made important suggestions and pointed out places in which non-lawyers needed further explanation of legal concepts. My daughter Anna Lerner provided the perspective of a younger reader and gently let her mother know where improvements would be helpful. For decades, John Langbein has been a constant source of insight about juries. I am grateful to Akhil Amar for first sparking, and then encouraging, my interest in the subject, and for his vibrant work. My husband Craig Lerner gave unceasing encouragement and invaluable advice"--

The Science of Proof

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Publisher : Cambridge University Press
ISBN 13 : 1009198335
Total Pages : 277 pages
Book Rating : 4.0/5 (91 download)

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Book Synopsis The Science of Proof by : E. Claire Cage

Download or read book The Science of Proof written by E. Claire Cage and published by Cambridge University Press. This book was released on 2022-09 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: An insightful analysis of the rise of forensic medicine in modern France and doctors' authority in the legal arena.

Drugging France

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Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 022801252X
Total Pages : 253 pages
Book Rating : 4.2/5 (28 download)

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Book Synopsis Drugging France by : Sara E. Black

Download or read book Drugging France written by Sara E. Black and published by McGill-Queen's Press - MQUP. This book was released on 2022-09-15 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the nineteenth century, drug consumption permeated French society to produce a new norm: the chemical enhancement of modern life. French citizens empowered themselves by seeking pharmaceutical relief for their suffering and engaging in self-medication. Doctors and pharmacists, meanwhile, fashioned themselves as gatekeepers to these potent drugs, claiming that their expertise could shield the public from accidental harm. Despite these efforts, the unanticipated phenomenon of addiction laid bare both the embodied nature of the modern self and the inherent instability of the notions of individual free will and responsibility. Drugging France explores the history of mind-altering drugs in medical practice between 1840 and 1920, highlighting the intricate medical histories of opium, morphine, ether, chloroform, cocaine, and hashish. While most drug histories focus on how drugs became regulated and criminalized as dangerous addictive substances, Sara Black instead traces the spread of these drugs through French society, demonstrating how new therapeutic norms and practices of drug consumption transformed the lives of French citizens as they came to expect and even demand pharmaceutical solutions to their pain. Through self-experimentation, doctors developed new knowledge about these drugs, transforming exotic botanical substances and unpredictable chemicals into reliable pharmaceutical commodities that would act on the mind and body to modify pain, sensation, and consciousness. From the pharmacy counter to the boudoir, from the courtroom to the operating theatre, from the battlefield to the birthing chamber, Drugging France explores how everyday encounters with drugs reconfigured how people experienced their own minds and bodies.

The Routledge Handbook of French History

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Author :
Publisher : Taylor & Francis
ISBN 13 : 100382398X
Total Pages : 832 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis The Routledge Handbook of French History by : David Andress

Download or read book The Routledge Handbook of French History written by David Andress and published by Taylor & Francis. This book was released on 2023-12-22 with total page 832 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aimed firmly at the student reader, this handbook offers an overview of the full range of the history of France, from the origins of the concept of post-Roman "Francia," through the emergence of a consolidated French monarchy and the development of both nation-state and global empire into the modern era, forward to the current complexities of a modern republic integrated into the European Union and struggling with the global legacies of its past. Short, incisive contributions by a wide range of expert scholars offer both a spine of chronological overviews and a diverse spectrum of up-to-date insights into areas of key interest to historians today. From the ravages of the Vikings to the role of gastronomy in the definition of French culture, from Caribbean slavery to the place of Algerians in present-day France, from the role of French queens in medieval diplomacy to the youth-culture explosion of the 1960s and the explosions of France’s nuclear weapons program, this handbook provides accessible summaries and selected further reading to explore any and all of these issues further, in the classroom and beyond.

Life in Revolutionary France

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Publisher : Bloomsbury Publishing
ISBN 13 : 1350077313
Total Pages : 424 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis Life in Revolutionary France by : Mette Harder

Download or read book Life in Revolutionary France written by Mette Harder and published by Bloomsbury Publishing. This book was released on 2020-08-20 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: The French Revolution brought momentous political, social, and cultural change. Life in Revolutionary France asks how these changes affected everyday lives, in urban and rural areas, and on an international scale. An international cast of distinguished academics and emerging scholars present new research on how people experienced and survived the revolutionary decade, with a particular focus on individual and collective agency as discovered through the archival record, material culture, and the history of emotions. It combines innovative work with student-friendly essays to offer fresh perspectives on topics such as: * Political identities and activism * Gender, race, and sexuality * Transatlantic responses to war and revolution * Local and workplace surveillance and transparency * Prison communities and culture * Food, health, and radical medicine * Revolutionary childhoods With an easy-to-navigate, three-part structure, illustrations and primary source excerpts, Life in Revolutionary France is the essential text for approaching the experiences of those who lived through one of the most turbulent times in world history.

Comparative Law and Economics

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Publisher : Edward Elgar Publishing
ISBN 13 : 0857932586
Total Pages : 520 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Comparative Law and Economics by : the late Theodore Eisenberg

Download or read book Comparative Law and Economics written by the late Theodore Eisenberg and published by Edward Elgar Publishing. This book was released on 2016-02-26 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary law and economics has greatly expanded its scope of inquiry as well as its sphere of influence. By focussing specifically on a comparative approach, this Handbook offers new insights for developing current law and economics research. It also provides stimuli for further research, exploring the idea that the comparative method offers a valuable way to enrich law and economics scholarship. With contributions from leading scholars from around the world, the Handbook sets the context by examining the past, present and future of comparative law and economics before addressing this approach to specific issues within the fields of intellectual property, competition, contracts, torts, judicial behaviour, tax, property law, energy markets, regulation and environmental agreements. This topical Handbook will be of great interest and value to scholars and postgraduate students of law and economics, looking for new directions in their research. It will also be a useful reference to policymakers and those working at an institutional level.

The Cambridge History of the Napoleonic Wars: Volume 1, Politics and Diplomacy

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Publisher : Cambridge University Press
ISBN 13 : 1108341462
Total Pages : 895 pages
Book Rating : 4.1/5 (83 download)

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Book Synopsis The Cambridge History of the Napoleonic Wars: Volume 1, Politics and Diplomacy by : Michael Broers

Download or read book The Cambridge History of the Napoleonic Wars: Volume 1, Politics and Diplomacy written by Michael Broers and published by Cambridge University Press. This book was released on 2022-06-09 with total page 895 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume I of The Cambridge History of the Napoleonic Wars covers the international foreign political dimensions of the wars and the social, legal, political and economic structures of the Empire. Leading historians from around the world come together to discuss the different aspects of the origins of the Napoleonic Wars, their international political implications and the concrete ways the Empire was governed. This volume begins by looking at the political context that produced the Napoleonic Wars and setting it within the broader context of eighteenth century great power politics in the Age of Revolution. It considers the administration and governance of the Empire, including with France's client states and the role of the Bonaparte family in the Empire. Further chapters in the volume examine the war aims of the various protagonists and offer an overall assessment of the nature of war in this period.

The Cambridge Companion to the Rule of Law

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Publisher : Cambridge University Press
ISBN 13 : 1316512134
Total Pages : 715 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis The Cambridge Companion to the Rule of Law by : Jens Meierhenrich

Download or read book The Cambridge Companion to the Rule of Law written by Jens Meierhenrich and published by Cambridge University Press. This book was released on 2021-08-12 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduces students, scholars, and practitioners to the theory and history of the rule of law.

Who Judges?

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Publisher : Cambridge University Press
ISBN 13 : 1108168744
Total Pages : 279 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis Who Judges? by : Rieko Kage

Download or read book Who Judges? written by Rieko Kage and published by Cambridge University Press. This book was released on 2017-10-12 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: The delivery of justice is a core function of the modern state. The recent introduction of jury/lay judge systems for criminal trials in Japan, South Korea, Spain, and perhaps soon Taiwan represents a potentially major reform of this core function, shifting decision making authority from professional judges to ordinary citizens. But the four countries chose to empower their citizens to markedly different degrees. Why? Who Judges? is the first book to offer a systematic account for why different countries design their new jury/lay judge systems in very different ways. Drawing on detailed theoretical analysis, original case studies, and content analysis of fifty years of Japanese parliamentary debates, the book reveals that the relative power of 'new left'-oriented political parties explains the different magnitudes of reform in the four countries. Rieko Kage's vital new study opens up an exciting new area of research for comparative politics and socio-legal studies.

Knowing Democracy – A Pragmatist Account of the Epistemic Dimension in Democratic Politics

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Publisher : Springer Nature
ISBN 13 : 3030532585
Total Pages : 218 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis Knowing Democracy – A Pragmatist Account of the Epistemic Dimension in Democratic Politics by : Michael I. Räber

Download or read book Knowing Democracy – A Pragmatist Account of the Epistemic Dimension in Democratic Politics written by Michael I. Räber and published by Springer Nature. This book was released on 2020-10-06 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can we justify democracy’s trust in the political judgments of ordinary people? In Knowing Democracy, Michael Räber situates this question between two dominant alternative paradigms of thinking about the reflective qualities of democratic life: on the one hand, recent epistemic theories of democracy, which are based on the assumption that political participation promotes truth, and, on the other hand, theories of political judgment that are indebted to Hannah Arendt’s aesthetic conception of political judgment. By foregrounding the concept of political judgment in democracies, the book shows that a democratic theory of political judgments based on John Dewey’s pragmatism can navigate the shortcomings of both these paradigms. While epistemic theories are overly and narrowly rationalistic and Arendtian theories are overly aesthetic, the neo-Deweyan conception of political judgment proposed in this book suggests a third path that combines the rationalist and the aesthetic elements of political conduct in a way that goes beyond a merely epistemic or a merely aesthetic conception of political judgment in democracy. The justification for democracy’s trust in ordinary people’s political judgments, Räber argues, resides in an egalitarian conception of democratic inquiry that blends the epistemic and the aesthetic aspects of the making of political judgments. By offering a rigorous scholarly analysis of the epistemic and aesthetic foundations of democracy from a pragmatist perspective, Knowing Democracy contributes to the current debates in political epistemology and aesthetics and politics, both of which ask about the appropriate reflective and experiential circumstances of democratic politics. The book brings together for the first time debates on epistemic democracy, aesthetic judgment and those on pragmatist social epistemology, and establishes an original pragmatist conception of epistemic democracy.

Signposts

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Publisher : University of Georgia Press
ISBN 13 : 0820340340
Total Pages : 489 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis Signposts by : Sally E. Hadden

Download or read book Signposts written by Sally E. Hadden and published by University of Georgia Press. This book was released on 2013-04-01 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Signposts, Sally E. Hadden and Patricia Hagler Minter have assembled seventeen essays, by both established and rising scholars, that showcase new directions in southern legal history across a wide range of topics, time periods, and locales. The essays will inspire today's scholars to dig even more deeply into the southern legal heritage, in much the same way that David Bodenhamer and James Ely's seminal 1984 work, Ambivalent Legacy, inspired an earlier generation to take up the study of southern legal history. Contributors to Signposts explore a wide range of subjects related to southern constitutional and legal thought, including real and personal property, civil rights, higher education, gender, secession, reapportionment, prohibition, lynching, legal institutions such as the grand jury, and conflicts between bench and bar. A number of the essayists are concerned with transatlantic connections to southern law and with marginalized groups such as women and native peoples. Taken together, the essays in Signposts show us that understanding how law changes over time is essential to understanding the history of the South. Contributors: Alfred L. Brophy, Lisa Lindquist Dorr, Laura F. Edwards, James W. Ely Jr., Tim Alan Garrison, Sally E. Hadden, Roman J. Hoyos, Thomas N. Ingersoll, Jessica K. Lowe, Patricia Hagler Minter, Cynthia Nicoletti, Susan Richbourg Parker, Christopher W. Schmidt, Jennifer M. Spear, Christopher R. Waldrep, Peter Wallenstein, Charles L. Zelden.

A Companion to American Legal History

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Publisher : John Wiley & Sons
ISBN 13 : 1118533771
Total Pages : 653 pages
Book Rating : 4.1/5 (185 download)

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Book Synopsis A Companion to American Legal History by : Sally E. Hadden

Download or read book A Companion to American Legal History written by Sally E. Hadden and published by John Wiley & Sons. This book was released on 2013-02-22 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas

Russian Legal Realism

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Publisher : Springer
ISBN 13 : 3319988212
Total Pages : 176 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Russian Legal Realism by : Bartosz Brożek

Download or read book Russian Legal Realism written by Bartosz Brożek and published by Springer. This book was released on 2019-01-07 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume explores ideas of legal realism which emerge through the works of Russian legal philosophers. Apart from the well-known American and Scandinavian versions of legal realism, there also exists a Russian one: readers will discover fresh perspectives and that the collection of early twentieth century ideas on law discussed in Russia can be understood as a unified school of legal thought – as Russian legal realism. These chapters by renowned European and Eastern European legal philosophers add to ongoing discussions about the nature of law, especially in the context of developments around our scientific knowledge about the mind and behaviour. Analyses of legal phenomena carried out by legal realists in Russia offer novel arguments in favour of embracing psychological and sociological perspectives on the law. The book includes analysis of the St. Petersburg school of legal philosophy and Leon Petrażycki’s psychological theory of law. This original and multifaceted research on Russian realists is of considerable value to an international audience. Researchers and postgraduate students of law, legal theory and legal ethics will find the book particularly appealing, but it will also interest those investigating the philosophy or sociology of law, or legal history.