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Author: Mikhail Antonov
This volume examines the elements of formalism and decisionism in Russian legal thinking and, also, the impact of conservatism on the interplay of these elements. The actual conservative narratives, about the distinctiveness of Russian law, reveal certain features of the intellectual culture that is transmitted in legal education, scholarship and practice. These narratives are based on the idea of sovereignty understood as legal omnipotence of the state. References to sovereignty justify the requirement of legality in the sense of fidelity to the letter of the law. They also often serve as a rationale for crafting exceptions to constitutional non-discrimination principles as they are applied to political, religious, sexual and other minorities.
In: Formalism, Decisionism and Conservatism in Russian Law
In: Formalism, Decisionism and Conservatism in Russian Law
In: Formalism, Decisionism and Conservatism in Russian Law
In: Formalism, Decisionism and Conservatism in Russian Law
In: Formalism, Decisionism and Conservatism in Russian Law
In: Formalism, Decisionism and Conservatism in Russian Law
In: Formalism, Decisionism and Conservatism in Russian Law
Author: Mikhail Antonov

This paper analyzes the cultural constraints imposed in the Russian legal system by the prevailing social philosophy, which is characterized by a significant degree of religious conservatism and communitarianism. This conservatism is predictably opposed to sexual minorities and to those who want to defend or justify them. The author concludes that this philosophy strongly affects decision-making in Russian courts, and can sometimes overrule the provisions of the Russian Constitution and the laws that formally grant protection to sexual minorities. In turn, this conservative social philosophy and communitarian morality are based on religious patterns that are still shaping the mindsets and attitudes of Russians. These attitudes cannot be ignored by judges and other actors in the Russian legal system, who to some extent are subject to the general perception of what is just, acceptable, and reasonable in society, and are factually bound by this perception.

In: Journal of Law, Religion and State
Author: Mikhail Antonov

The present review analyzes the key ideas of Justice Gadzhiev and Judge Posner on legal methodology and tasks in legal education. These ideas are considered in the context of two recent books by these authors. Both books appeared in 2016 and both question certain principal dimensions of pragmatism in the law, to which both Gadzhiev and Posner are subscribed. This review essay examines the links between the respective ideas of these two authors on methods of legal research, on judicial process and on teaching law, in addition to providing an overview of the intellectual culture of the us and Russian legal orders.

In: Review of Central and East European Law