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On the Essence of Legal Consciousness


ISBN13: 9780854901463
Published: August 2014
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00



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Ivan Aleksandrovich Il’in (1883-1954) has become in post-Soviet Russia one of the most eminent legal philosophers of the twentieth century. This volume brings to an international readership for the first time what is perhaps the most impassioned and prescient work by a Russian jurist in support of the rule of law.

Il’in has heretofore been accessible only to those who have a command of Russian, German, or, exceptionally French, and even then primarily in circles where Russian émigré literature circulated. Originally written and in galley proofs between 1916 and 1919, the final work on legal consciousness was not published until 1956 in Germany and only in the 1990s in Russia, where it has generated considerable impact. Il’in’s most original and influential contribution to legal theory, this long-awaited English translation will inform discussions of legal consciousness for decades to come.

Il’in’s monograph is accompanied by one of his early and influential articles on concepts of law and power and by essays devoted to Il’in and the rule of law; the origin and transformations of the concept of legal consciousness, and the origins of Il’in’s treatise on legal consciousness, a glossary of key legal terms, and a bibliography of works by or devoted to Il’in.

Subjects:
Other Jurisdictions , Wildy, Simmonds and Hill
Contents:
Dedication
The Authors
Contents Preface and Acknowledgements
I. A. Il’in and the Rule of Law
P. T. Grier
The Concept of Legal Consciousness: Origin and Transformations
P. T. Grier and W. E. Butler
I. A. Il’in: Russian Legal Philosopher
W. E. Butler and V. A. Tomsinov
The Origins of Il’in’s Treatise on the Essence of Legal Consciousness
W. E. Butler
A Note on the Translation
P. T. Grier

I. A. Il’in, On the Essence of Legal Consciousness Translated by P. T. Grier

1. The Problem
2. Knowledge of the Law
3. The Significance of Positive Legal Consciousness;
4. Recognition of Law
5. The Grounding of Natural Law
6. The Grounding of Positive Law
7. The Struggle for Law
8. Legal Consciousness and Criminal Guilt
9. The Basis of Sound Legal Consciousness
10. On Patriotism
11. On Political Legal Consciousness
12. The Essence of the State
13. The Forms of the State
14. The Axioms of Ruling Authority
15. The First Axiom of Legal Consciousness
16. Diseases of Self-Affirmation
17. The Second Axiom of Legal Consciousness
18. Diseases of Autonomy
19. Third Axiom of Legal Consciousness
20. Diseases of Mutual Recognition
21. Legal Consciousness and Religiosity
22. Conclusion

APPENDIX I.

A. Il’in, “The Concepts of Law and Power” Translated by P. T. Grier
Glossary
Bibliography
Index of Names