Дискуссия о европейском опыте при обсуждении судебной реформы в русской журнальной периодике (1857–1864).

Abstract

Purpose. Analyzed articles about past and present European of justice, published in the periodical socio-political (“Russian Gerald”, “Domestic notes”, “Contemporary”) and departmental (magazines published by ministries) publications in 1857–1864 in the context of discussions on judicial reform. Results. A total of 43 texts on the past and present of European justice were identified, which belong to 25 authors. The authors identify as professors of low and civil servants. At the heart of their professional worldview was the state-historical school of law, so they revealed through the press its values. Refined of the most discussed topics: the organization of local justice, advocacy and jury. There is a discussion between the supporters of the English and French justice systems, their argumentation is considered. Supporters of the English judicial system argued that England is not as similar to Europe as Russia, so its experience may be interesting. But they stressed that the judicial institutions of England are very closely connected with its specific history and culture. Adherents of the French model of justice found positive its organization, uniformity and high educational level for judicial officials and lawyers. They also pointed out that in the countries of continental Europe, where justice has been reformed in the French model, it is functioning successfully. Proved the dependence between the final orientation of the printing on the French model and the assumption of office of Minister of justice D. N. Zamyatnin. Conclusion. It is emphasized that, in addition to respect for the judicial systems of European countries, there were skeptical judgments about the use of these samples in the Russian Empire.