Russian Law in Comp Persp

3 Credits · Level: Graduate, Juris Doctor, Undergraduate

This seminar is devoted to an examination of post-Soviet Russian law and the periodic attempts to implement legal reform as part of the modernization process. Among the questions to be considered: What were the starting points for reform of the Soviet legal system? What was accomplished over the past 30 years? How has Putin rolled back this progress? And what are the continuities from the past that have yet to be broken? The first half of the seminar will consider the theoretical, political, and historical aspects of the above questions in assessing Russia's legal development since the collapse of the USSR. Admittedly, Russia’s negative legal reputation often proceeds it in any discussion of Russian law. Nevertheless, one cannot understand current Russian economic development, politics, civil society and foreign affairs, without an understanding of how Russian law actually works. The second half of the seminar is devoted to a more substantive examination of selected legal topics, such as grassroots law, property rights, state building, and human rights. Special attention will be given to recent legal developments, including the rollback of civil liberties as introduced in the 2020 constitutional amendments and other repressive legislation (the foreign agent’s law, the law on undesirable organizations). The distinctive evolution of Russia’s legal institutions (lawyers, judges, prosecutors) will also be discussed with a focus on how they differ from seemingly comparable Western institutions. Finally, the course will discuss the impact of Western sanctions and the growing chorus to hold Russia accountable under international law for its criminal actions in Ukraine. This seminar takes an interdisciplinary and comparative approach. The legal systems of nineteenth century Russia, the post-socialist states of Central and Eastern Europe, the United States, and Western Europe will all be points of comparison. Special attention will also be paid to Ukrainian legal developments to highlight the alternative paths to legal reform in the post-Soviet space. No previous study of law or legal training (in any legal system) is required, or even expected. Our discussions will center on texts drawn from political science, history, and law.