Work

The Legal Regulation of Siberian Peoples in the Russian Empire: the Interplay Between Customary Law and Legislation

Year: 2019

Type: article

Abstract: The paper uses historic and legal materials to analyse the contemporary theories that describe the correlation of customary law and legislation. The authors identify the applicability of these theories in studying regulation of Siberian peoples in the Russian Empire. The paper explores the role of the historical school of jurisprudence and the normative theory of law in determining the interplay between customary law and legislation in the 19th and 20th centuries in Russia. The authors make the conclusion that the implementation of judicial reform of 1864 was impeded in Siberia due to the state giving preference to customary law in governing the relations not regulated by legislation

Source: Journal of Siberian Federal University Humanities & Social Sciences

DOI: 10.17516/1997-1370-0431

Authors: Valentina Yu. Smorgunova, Aleksandra A. Dorskaia, Il’ia L. Chestnov

Institution: Herzen University

Language: English

Topic: Indigenous Peoples' Rights and Law

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: diamond

OpenAlex ID: W2953722452

FWCI: 2.213

Cites: 1

Cited by: 1

Related to: 10