Issues of the Russian judicial system in the 1860–1880s in M.N. Katkov’s works

Abstract

Importance. The conservative trend in Russian social thought of the second half of the 19th century is one of the main goals of research in history science. The views analysis of one of the most prominent Russian conservatives, M.N. Katkov, on the new institutions of the Russian judicial system, the judicial corps after the reform of 1864 reflects the role of a well-known publicist and his influence on the masses and state judicial policy in the era of reforms and counter-reforms. The purpose of the study is to identify issues on a given topic in M.N. Katkov’s works, to describe the main conclusions of M.N. Katkov regarding the Russian judicial system in the 1860s and 1880s.Materials and Methods. The main sources of the study are numerous publications by M.N. Katkov, reflecting his views on the Russian judicial system in the 1860s and 1880s, and in particular on institutions new to the Russian state, law and society: world justice, cassation departments of the Governing Senate, jury trial. Additional sources of the study are the works of Russian scientists of the second half of the 19th century on a given topic. The methodological basis of the study is both general and particular methods of scientific cognition: the structural analysis method, which made it possible to assess changes in Russian society in the second half of the 19th century; the historical-comparative method, with which general and particular conclusions are drawn in the study by comparing different points of view on the Russian judicial system; the historical-systemic method that made it possible to comprehensively analyze the views of Russian researchers in the 1860s and 1880s on the post-reform Russian judicial system, in particular on world justice, cassation departments of the Governing Senate, jury trial; the logical method that allowed to identify the reasons for the change in M.N. Katkov’s views on the Russian judicial system in the 1860s and 1880s; other methods of scientific knowledge are also used.Results and Discussion. M.N. Katkov’s views on the Russian judicial system as a whole, and in particular on three institutions introduced as a result of the judicial reform of 1864: world justice, cassation departments of the Governing Senate, jury trial, are considered. The analysis of publications by a well-known journalist on problematic issues in the activities of these institutions is carried out. The influence of M.N. Katkov’s journalism on the state life of the Russian Empire in the 1860s–1880s is noted, the analysis of the reasons for the change in M.N. Katkov’s views on the Russian judicial system of in the post-reform period is given.Conclusion. The study of M.N. Katkov’s views allows us to present the complex process of struggle between the two main currents of public thought in Russia of the second half of the 19th century (liberals, conservatives) on issues of the Russian judicial system, as well as to note the most problematic and controversial moments in the provisions implementation of the Judicial Statutes of November 20, 1864, to understand the causes of disputes. The conclusion is made about the conflict of the main provisions of the Judicial Statutes of November 20, 1864 with the M.N. Katkov’s autocratic philosophy, which caused a change in the attitude of the famous publicist to the judicial reform carried out in the Russian Empire, and also determined M.N. Katkov’s apologetics in the era of the so-called counter-reforms.