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MAIN PAGE > Journal "Legal Studies" > Rubric "Anthropology of law"
Anthropology of law
Popova I. - The phenomenon of the legal archetype of equivalence and its reflection in the Russian folk tales pp. 1-14


Abstract: The object of this research is the ordinary legal consciousness in the Russian folk tales. The subject of this research is the phenomenon of legal archetype of equivalence in the Russian folk tales. The author analyzes the key approaches towards studying the legal archetype, and provides definition to this phenomenon. Analysis is conducted on the attributes and varieties of the legal archetype, legal aspects of social existence and ordinary legal consciousness reflected in the Russian folk tales. Special attention is given to the clear elements of manifestation of legal consciousness: knowledge, values, attitudes, and motives. The archetype of equivalence in the Russian folk tales is viewed through the prism of retribution, reward for service, help, and exchange. The conclusion is made on the existence of basic attributes of legal archetypes, such as generic nature, frequency, and universality. It is stated that the legal archetype of equivalence is reflected in the representations of personal or property retribution, reward for good conduct of actions, fair exchange of things, magic objects, and symbols. The article advances a thought that the legal archetype of equivalence is a universal archetype, which is reflected in not only the representations of justice, but also the norm and measure, wrongdoing, retribution, agreement, etc. This is why it has fundamental meaning for other legal archetypes.
Rybka O.S., Chekulaev S.S. - Alternative ways of conflict resolution in Islamic law and the possibility of their application on the territory of the Russian Federation pp. 1-20



Abstract: The subject of this study is alternative dispute resolution (ADR), namely the methods of ADR in Muslim law. The author examines in detail the methods of ADR regulated by Islamic law, such as Sulkh, Tahkim, Muhtasib, Fatwa, Med-Arb, as well as Wali Al-Mazalim, which is not currently used, but is of interest in the framework of the study. Also in the course of the study, the experience in regulating the ADR of a country like Malaysia is touched upon, in particular, aspects of regulating such methods as Sulh and Tahkim are touched upon. In the course of the study, the methods of ADR in Muslim law are compared with similar institutions in other legal systems. The scientific novelty of the study lies in the fact that it includes an analysis of existing alternative dispute resolution mechanisms in Islamic law and considers the possibilities of their application in Russia, as well as discusses problems related to this issue. The answers to these questions can become the basis for further development of legal science in the field of alternative dispute resolution methods, as well as find application in real life to reduce the burden on the courts, as well as for cross-cultural application in various fields, including with Islamic banking institutions. The main conclusions of this study are the possibility of applying Sharia law to regulate ADR, as well as a proposal to increase the possibilities of using ADR in court cases by creating a state mediation center and creating categories of cases in which the use of mediation in such a center will be a prerequisite for further consideration of the case.
Gulyaikhin V.N. - Legal thinking and educational process pp. 52-92


Abstract: The article is devoted to the assessment of the role of legal thinking as a regulator of a person’s social behavior, and to the question of determination of its importance for educational process. As an object of the research legal thinking is considered as a cognitive and value-semantic component of legal conscience. It is characterized by egocentrism, and is influenced by socio-cultural values prevailing in the society. Legal thinking is often enclosed into an archetype matrix of the legal unconscious, is disposed to formalization and standardization and, both indirectly and directly, functions as a regulator of social behavior. As the methodological base the author uses the theory of social ideas of S. Moskvichi and the concept of thinking activity of G.P. Shchedrovitskiy. The author outlines five main functions of legal thinking: formation and development of normal legal consciousness, understanding, explanation, presentation and interpretation of the phenomena of legal reality, adaptation of new knowledge to the existing system of legal ideas; mediation, determination and regulation of legal relations and social behavior, semantic synthesis. The author concludes that deeds and actions legality dependence on the level of thinking (high or low) is not of a cause-and-effect relation character. 
Gulyaikhin V.N. - Archetypes of legal conscience within the system of personal legal culture. pp. 54-74


Abstract: Lately the researchers pay more and more attention to the problem of legal conscience, which depending on its contents and structural components may serve as basis for the institutionalization of innovative legal values and conservation of traditional legal institutions in the society. The interest of scientists to the psychogenous sources of legal culture allows them to establish its basic qualities.  The article studies archetypes of legal conscience at the psychogenous level of collective nonconscious and personal nonconscious. In their combination they form the psychosocial basis for the legal culture of a person.  The article includes methodological provisions for the theory of nonconscious by Carl Jung in order to establish role and functions of archetypes within the system of legal culture.  The author makes a conclusion that the archetypes of collective unconscious fit within the modern "market" model of legal culture, while the system of ethnic cultural archetypes of people are transformed under the influence of globalization. The author offers a concept for the archetypes of legal conscience of a person, allowing for deeper and more precise evaluation of the modern forms of legal culture.
Gulyaikhin V.N. - Family as a subject of early legal socialization pp. 56-66


Abstract: The article is devoted to the studies of the role of modern family as a legal socialization agent. Using the psychoanalytic methodology, the author studies the issues of early legal socialization of a person within the framework of family relations.  In the opinion of the author the family is a part to a normative element in a society, since it bears certain moral, legal, value- and meaning related complex, by which the legal education and teaching of a child are implemented, defining his social functions and status.  The family forms a primary cultural and psycho-social environment, in which the social and legal personal qualities are being developed.  A child sees parents as an embodiment of spiritual and moral, legal and social complex, to which they belong as subjects.  Evolution of an institution of a family in a state however is not without trouble, and its development is not always on an ascending route.  In order to successfully resolve fundamental problems of early legal socialization, it is necessary that both  mother and father are willing to teach their child humanity, kindness, conscience, common since, discipline and respect for order.  The article contains a conclusion that due to global social and economic transformations the tonus of a modern human ego is lowered, which is due to negative tendencies in the family development, where the socializing functions of the elder generation relatives are minimalized and the traditional role of a father as an embodiment of order, discipline and rules for his children are lowered. 
Gulyaikhin V.N. - Legal education of a person as a process of formation of values and meanings component of legal conscience. pp. 60-79


Abstract: The article is devoted to the analysis of the axiological problems of legal education. The author characterizes legal education as a complicated dialectic process of formation of values and meanings system of legal conscience, involving important cognitive, motivation and will-related components. While a cognitive element is a system of moral forms developed by a person, which were formed as a result of cognition, reflexion and moral search, the motivation and will component is characterized by an individual motivation, subconscious positions, habits and quality of his will. The author pays special attention to the role of legal reflextion within the development of the system of value orientations and meanings within the framework of legal conscience. The methodological basis for the studies of the problems of legal education of a person is formed with the principles of dialectics and fundamental provisions of activity theory. The main function of legal education of a person is formation of values and meanings component of legal conscience.  It is an important component of legal socialization. Reflexion is efficient for the formation of the values and meanings orientation inevitably leading the subject to critical analysis of the existing social and legal values and positions. It facilitates formation of a personal position regarding resolution of topical problems in the legal sphere. 
Gulyaikhin V.N. - Alternative Models of Legal Socialization of a Person: Choosing Axiological Maxims pp. 65-84


Abstract: The article focuses on the processes of legal socialization,influencing the choice of axiological maxims, which determine social behavior of a person. Special attention is paid to alternative models of socialization, humanistic and authoritarian, which serve as development determinants for value and sense systems of public conscience. The author analyzes the problem of a socializing person, which is connected with the questions of forming a system of socio-legal values, behavioral patterns and guidelines of public leaders, who establish specific legal relations with their followers determined by the purpose of their activity. The research methodology contains Erich Fromm’s theory about two kinds of ethics (humanistic and authoritarian), and the theory of legal socialization by Sh. Kurilski-Ozhven, who considers the degree of a person’s knowledge of progressive elements of socio-legal life as a criterion of socialization efficiency. The author concludes that the humanistic model of legal socialization forms a rationally thinking person, who is able to determine the criteria of his or her actions independently, and promotes the person’s true existence, while the authoritarian model challenges the human’s existence, inciting him or her to a false existence, depriving the person of freedom, right of rational choice and ability to think independently. For both social progress and formation of a human being as a personality, the domination of humanistic values in public conscience is a necessary precondition. 
Babich I.L. - Blood Feud in Northwestern Caucasus: History and the Present pp. 85-121


Abstract: On the base of the archive and field materials the author of the study demonstrates the evolution of the tradition of blood feud as a part of the mountain adat in the life of Adygs, one of the large peoples of the North Caucasus. The author describes the factors which influence the changes of their life. The research covers the period from the 18th century till the 2010s, including three historical periods: the period of the Russian Empire, the period of the USSR and the period of post-Soviet Russia. The research is based on the archive materials of the Central State Archive of the republic of Kabardino-Balkaria and others, and on the field ethnographical materials of some North-Caucasian republics. The author applies the narrative method to analyze the collected materials. The author comes to the conclusion about the significant development of blood feud as a legal institution of Agygs in the 19th century. Firstly, it hadn’t always been carried out according to the talion law, i.e. equal damage. Secondly, blood feud had often been limited to immediate relatives. Thirdly, the new factors had appeared in blood feud, which influenced its development, e.g. ties of relationship and class. Fourthly, the ideology of post-reform Adyg community had in many respects changed its guidelines. In the late 19th century the role of personality traits of the participants of the conflict significantly rose. The author supposes that blood feud as a form of social control transformed into one of the forms of relationships between the community members. In the Soviet period blood feud became, on the one hand, more politicized, on the other hand, more personalized, and lost its group character, which had characterized it during the previous centuries. During the 1990s – the 2010s blood feud was again used as a response to the escalation of a conflict. It was conditioned by the new socio-economic and social and political circumstances, typical for post-Soviet Russia. 
Gulyaikhin V.N. - The structural and functional features of various conditions of human legal consciousness. pp. 90-116
Abstract: The article is devoted to the main structural and functional features of  legal consciousness of person. The various conditions of legal consciousnes, allowing a subject  to implement his existential needs in a constructive form, are considered by the author. The author concludes that these conditions of legal consciousness are the main stages of personal legal development and they may be presented as the parts of Hegel’s triad (thesis - antithesis - synthesis).
Gulyaikhin V.N. - Psychosocial Forms of Legal Nihilism pp. 108-148
Abstract: The author of the article studies the main psychosocial forms of legal nihilism. The author uses methodology offered by an American social psychologist Erich Fromm. This methodology allows to give an objective evaluation of the psychogenic nature of this phenomenon. Based on deep motives of human and the level of destructiveness of his social behavior, the author describes the five forms of legal nihilism: infantile nihilism resulting from personal immaturity and immature system of moral and legal values; frustrating nihilism caused by the fear of his material and social status and revengeful nihilism created as a response to imaginary or actual danger for his life vital interests and regressive nihilism caused by the archaic aggression ("blood lust") of a human who has degraded to the level of an animal and completely denies all natural rights and freedoms of the other person. At the end of the article the author concludes that legal nihilism is in some wy a psychosocial and cultural phenomenon consisting of the ideas which deny legitimate social stereotypes and bearing certain spiritual load caused not only by social trends and associated values but also by a number of psychogenic factors. 
Gulyaikhin V.N. - The legal mindset of Russian citizens pp. 108-133
Abstract: This article investigates the features of the legal mindset of Russian citizens. As a distinct product of the sociohistoric and psycho-social development of a nation, the mental component of legal consciousness assigns to one's personality a model of legal activities, one which is manageable and familiar in terms of the traditional norms of social conduct. The author concludes that there are significant contradictions between Russian citizens' traditional model of legal activities -- given their mindset and the dominant archetype of Truth -- and a modern legal system, one which can transform the individual into homo mechanicus (E. Fromm), bureaucratization, a narrow pragmatism at the expense of spirituality, and the transition of people from being the subject of law to being its object, alienated from their natural rights and freedoms. To address the issues facing the Russian state, it is necessary, by relying on traditional Russian ethical principles, to unify our social and legal existence by bringing together our legal thinking with a multifaceted national culture and socio-cultural reality.
Tsar'kov I.I. - Christian concept of security and a new justice pp. 121-169


Abstract: The article studies the issues connected with the development of a new concept of criminal law in the framework of Christian faith. The author draws attention to the fact that in the conditions of external opposition to Christianity, it has been able to survive and to spread its influence through the creation of a new security concept, which solves the problems of real threats to both the society and the individual. The author notes that on the early stages of development such religious concepts as "salvation", "sin", "redemption" had acquired legal content, and evil was understood as infliction of harm. The author uses the methods of historical interpretation of written sources, hermeneutical methods and the methods of understanding psychology aimed at reconstruction of the horizon of lifeworld of the early Christian culture. The main conclusion of the research is the idea that Christianity reorients interest from the collective security to the individual one, which is a fundamental distinction of Christian concept of security from all previous historical concepts. In other words, Christians insisted that individual security does not depend on the effectiveness of collective security measures, and if the mechanisms of individual security are not developed in the society, it is unpromising to hope for an effective collective security. 
Gulyaikhin V.N. - Legal culture as an object of a scientific study: methodological approaches, structure, and evaluation criteria. pp. 135-158


Abstract: The article includes evaluation of legal culture as an object of scientific studies. The author singles out five key methodological approaches towards this matter in legal life of people: axiological, activity-relatied, social, information-semiotic, and systemic.  The author considers that the legal culture allows not only to provide for already existing social relations, but also to form innovative connections, for which both the society and legislator should strive consciously.  The system-forming element of the legal culture is legal conscience, which has a forming influence on the legal activities, legal techniques and subjects of laws themselves.  Each of these components  has its own sub-components and structure.  The article contains a conclusion that the key criterion for the evaluation of legal culture in the society is legal practice.  It is important to establish how efficient is the institution of law, having formed under the influence of social and cultural dominant traits, in facilitating the successful social development  of this community of people - bearesr of historically formed system of legal archetypes. 
Popov E.A. - The influence of postmodernism on the sociolegal interpretation of the phenomenon of the modern civil society pp. 190-222


Abstract: This article identifies the specific effects of postmodernism on the understanding of the phenomenon of civil society in the system of legal science using the framework of modern social sciences. Special attention is paid to the scale of the penetrating influence of postmodernism in the late twentieth and early twenty-first centuries to any value-semantic system, including law and civil society. The article evaluates the results of the impact of postmodernism and offers possible sociolegal interpretations of the phenomenon under consideration. The resultant conclusions can be applied in the broader context of contemporary social sciences.
Bezgin V.B. - Sex crimes in the Russian provinces in the second half XIX and early XX centuries. pp. 201-246


Abstract: The article contains historical legal studies of the sexual violence problems in the provincial environment in the Russian Empire  in the second half XIX and early XX centuries. Based upon a wide range of sources, including judicial and investigative cases and ethnographic materials, the author provides analysis of various types of sex crimes in the rural areas, as well as their motives and rate of expansion.  The author analyzes the contents of the criminal legislation of the Russian Empire in the second half XIX and early XX centuries, as well as the responsibility for sex crimes,  he defines specific features of pre-trial resolution of rape cases in Russian villages.  He studied the phenomenon of "snokhachestvo" (sex between fathers-in-law and daughters-in-law), and its causes.  He establishes the attitude of peasants towards rape of women and underage children, incest, and various forms of sexual perversions (pedophilia, pederasty, zoophilia). He uncovers the factors influencing the growth of deviant behaviors in the Russian provinces.
Gulyaikhin V.N. - Dialectics of natural and positive law as a source of social and legal progress. pp. 221-238


Abstract: The article concerns the problem of dialectic dualism of law, as express in its ontological division into natural and positive law.  Firstly, author considers that there is a fundamental contradiction between those types of law, and this contradiction has a genetic influence upon the processes of legal evolution of a person, during which such a person learns the norms of law-abiding behavior and accepts the legal values at the level of morals. Secondly, the positive law should be regarded as liberating force and not a coersive one.  It should overcome the obstacles to spiritual and physical development of a person. Based on the  public good, the society should define the boundaries of freedom provided for an individual.  According to the provisions of natural law, the external freedom of a person should be limited with the external freedoms of other persons.  The article contains a conclusion that a person shall unconditionally follow the norms of positive law only when it shall be a historically founded expression of moral requirements of natural law. 
Kabanov P.A. - Criminological concept of political criminal personality. pp. 239-257


Abstract: The article is devoted to the theoretical bases for the formation of the basic universal political criminological and political anthropological definition “personality of a political criminal”, which may be used for the further studies in the sphere of criminal political anthropology as an interdisciplinary scientific direction in modern political anthropology, Russian political criminology, and criminal anthropology.  The author  provides correlation of a political and criminological term “political criminal” with other related definitions including scientific, literary and popular categories, such as “political prisoner’, “political emigrant”, “political convict”, “political exiled”, “enemy of the nation”, “enemy of the people”, “enemy of the state”, “opponent of the Perestroika”, “enemy of the democracy”. The author also offers further developments of criminal political anthropology with the use of criminological grouping (typology and classification) of political criminals.
Badikov K.N. - Psycho-dermal-glyphic profile of "serial" murderers. pp. 247-267


Abstract: Establishing the leading psychological qualities and conditions via psycho-dermal-glyphic method is a forensic innovation. This method is based upon the psycho-genetic patterns, as reflected in a system of papillary elements. It is established that application of psycho-dermal-glyphic method in crime investigation allows to establish psychological, motoric movement and intellectual characteristics of a person, who has left fingerprints at a crime scene. Minimization of trace prints at  a crime scene, growth of drug-related crimes and crimes by persons with psychic and neurologiacl pathologies served as prerequisites for the development of the novel statistic (mathematical) diagnostic and forecasting models within the framework of psycho-dermal-glyphic connections analysis.  Examination and analysis of elements of papillary lines in psycho-dermal-glyphic expertise correlates with specific features of mental make-up of a person.  Quantity and quality characteristics of papillary lines allow to gain maximum searching information out of minimal prints.
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