A Golden Rain Is Falling on Russia

That which is now consistently and persistently done in Russia has never before been done on such a scale by anyone. A country that is entirely in the hands of the state and an economy that is entirely dependent upon state officials interested in nothing but their own well-being—this structure, which astonishingly has survived to the eve of the third millennium of the Christian era—is transforming itself, altering the internal structure of its own system.     

Chechnya—Preliminary Results

The Army in the political processes of the disintegration of the Soviet empire, the resurrection of Russia, and the creation of the Commonwealth of Independent States—these extremely urgent issues were discussed at a roundtable of a group of military scholars. The discussion was organized by the editorial board of the journal Polis, together with the military section of the Russian Association of Political Scientists (RAP). The materials were prepared for print by G.A. Abramov (Polis) and V.K. Egorov, acting secretary of the RAP.     

Hawala--A Vestige of the Past in the Service of Globalization

V.G. Khoros: Evgenii Maksimovich, your political biography took shape during both the Soviet and the post-Soviet periods. Over the last fifteen years, a lot has changed on our planet. The second world has become a thing of the past. The first world—that is, the most highly developed countries—has entered the postindustrial stage. Today, it dominates the world market in technology, finance, and information and acts as a conductor of international relations (for instance, the policy of NATO expansion). As a person who has met many leaders of the West and the East, how do you perceive this difference in the times? How do you assess the impact of globalization, which proceeds primarily from the center to the rest of the world, the so-called periphery (to which Russia, unfortunately, increasingly belongs)?     

Minority Religions and Social Justice in Russian Courts: An Analysis of Recent Cases

This paper presents a number of important recent cases from Russia involving new and minority faiths. The cases are examined to see how these unpopular groups are dealt within the context of a rapidly changing Russia. Conclusions are drawn about how the legal system in Russia operates concerning minority faiths, using the sociological variables discussed in this issue's introduction.     

Political Sociology of the Transitional Society

Under the general heading "Political Sociology of the Transitional Society" we are continuing to publish the investigations of the moods and views of Russians carried out by the independent Public Opinion Foundation.* This fifth issue of our journal acquaints the reader with an attempt, undertaken for the first time in Russian sociology, to compare the socioeconomic and political attitudes of inhabitants in the different regions of Russia, and also with materials offered exclusively to Polis by the Public Opinion Foundation containing extensive comments by Professor I. M. Kliamkin, Doctor of Philosophy and head of the Foundation's Analysis Center. These findings are from a survey conducted by the Public Opinion Foundation in early September 1993, that is, literally on the eve of the denouement of the political standoff between the executive and legislative structures. This information, which sheds light on people's state of mind in Russia, should give investigators liberal food for further reflection.     

Binding Morality and Perceived Harm as Sources of Moral Regulation Law Support Among Political and Religious Conservatives

Conservatives—both political and religious—are more likely than liberals to support laws regulating traditional or religious morality. The current study applies a moral psychological framework to argue that the association between conservatism and moral regulation law support can be explained in part by binding morality, or a moral orientation that privileges group needs above individual needs and includes concerns about absolutism, collectivism, and purity. Binding morality may directly promote support for moral regulation laws, which enforce traditional rules, discourage deviance, and require adherence to customs regarding bodily and spiritual purity. Binding morality may also indirectly promote support for moral regulation laws by motivating perceptions that “immoral” behaviors are harmful to innocent victims. I test these hypotheses using three analytic samples drawn from the General Social Survey (N = 3669, 7120, 369). Results show that, as expected, binding morality (especially purity) mediates the effects of political and religious conservatism on laws regulating pornography, marijuana, abortion, and euthanasia. Additional analyses exploring views about pornography show that binding morality (especially collectivism) is associated with perceptions of immorality as harmful, which in turn is associated with support for regulation.     

The Inner Logic of Exclusivism (and Inclusivism): Shapiro's Shadowing

Scott Shapiro, a prominent defender of exclusive legal positivism—exclusivism—has intriguingly (re)introduced a logical principle, the endorsement and rejection of which he (I take it) supposes can helpfully distinguish exclusivism from its contrary, inclusive legal positivism—inclusivism. It is an intriguing thought that principles pitched at such a high level of abstraction as this could distinguish between the two versions of positivism. My aim will be to test whether this principle—and associated principles—can do such distinguishing work.     

Resisting Multiple Narratives of Law in Transition Countries: Russia and Beyond

Burbank, Jane . 2004 . Russian Peasants Go to Court: Legal Culture in the Countryside, 1905–1917 . Bloomington, IN : Indiana University Press. Pp. xix + 374. $49.95 cloth. Feifer, George . 1964 . Justice in Moscow . New York : Simon and Schuster. Pp. 336 . $20.95 paper. Kaminskaya, Dina . 1982 . Final Judgment: My Life as a Soviet Defense Attorney . Trans. Michael Glenny. New York : Simon and Schuster. Pp. 364 . Out of print. Ledeneva, Alena V . 2013 . Can Russia Modernise? Sistema, Power Networks and Informal Governance . Cambridge : Cambridge University Press. Pp. xv + 332. $90.00 cloth; $32.99 paper. McDonald, Tracy . 2011 . Face to the Village: The Riazan Countryside under Soviet Rule, 1921–1930 . Toronto : University of Toronto Press. Pp. xvii + 422. $75.00 cloth. Politkovskaya, Anna . 2004 . Putin's Russia: Life in a Failing Democracy . Trans. Arch Tait. London : Harvill Press. Pp. 304 . $17.00 paper. Popova, Maria . 2012 . Politicized Justice in Emerging Democracies: A Study of Courts in Russia and Ukraine . Cambridge : Cambridge University Press. Pp. xii + 197. $103.00 cloth; $29.99 paper. Romanova, Ol'ga . 2010 . Butyrka . Moscow : Izdatel'stvo Astrel'. Pp. 316 . 240 rubles. The literature on the role of law in countries with so‐called hybrid regimes that are stuck somewhere between democracy and authoritarianism tends to dwell on the politicization of law and the courts. This has the effect of discounting the importance of the vast majority of cases that are decided in accord with the law. Taking Russia as a case study, this essay reviews a cross‐section of the literature on its courts in order to document this tendency and explore why alternative narratives of law have failed to gain traction: Burbank's Russian Peasants Go to Court ( 2004 ); Feifer's Justice in Moscow ( 1964 ); Kaminskaya's Final Judgment ( 1982 ); Ledeneva's Can Russia Modernise? ( 2013 ); McDonald's Face to the Village ( 2011 ); Politkovskaya's Putin's Russia ( 2004 ); Popova's Politicized Justice in Emerging Democracies ( 2012 ); and Romanova's Butyrka ( 2010 ).     

The Representation of Two Competing Visions on the Fundamentals of Copyright: A Content Analysis of Associated Press News Coverage on Copyright, 2004–2009

The importance of the public's understanding of copyright has increased in the digital age, and mainstream media play a significant role in informing the public of copyright law and policy. This study identifies two competing visions on the fundamentals of copyright—the private property vision and the public policy vision—and examines which vision is more predominantly covered by mainstream news media via a quantitative content analysis of Associated Press wire service stories on copyright. The findings suggest that, although the number of sources favoring copyright users’ rights has somewhat increased in the most recent two years, overall the private property vision has been more dominantly covered than the public policy vision in the AP news stories. The study concludes that the mainstream media coverage on copyright needs to move toward a more balanced point where both sides of the debate have an equal chance to present their views.     

A Voice for the Fish? Climate Change Litigation and Potential Causes of Action for Impacts under the United Nations Fish Stocks Agreement

The seas—all the seas—cry for regulation as a veritable res communis omnium. ² Louis Henkin, Arctic Anti-Pollution: Does Canada Make—or Break—International Law? 65 AJIL 131, 136 (1971).      

Under the Law: Legal Consciousness and Radical Environmental Activism

A growing body of sociolegal scholarship focuses the study of law away from formal texts and legal institutions and toward the experiences and perceptions of “everyday” citizens. This study introduces seventeen “radical” environmentalists who engage a repertoire of tactics that includes some actions that involve relatively severe forms of illegality. This research seeks to investigate the role of civil disobedience and lawbreaking within the radical environmental movement and the corresponding legal consciousness of movement actors. Utilizing ethnographic fieldwork and content analysis, this analysis suggests that Ewick and Silbey's (1998 ) three‐tiered model of legal consciousness is an operative starting point, but could be enhanced through theoretical expansion. This study proposes a new category of legal consciousness—Under the Law—that views the law as the protector and defender of a social order that is fundamentally illegitimate. Under the Law is qualitatively different from existing conceptualizations of legal consciousness and reaffirms the mutually constitutive nature of law and society.     

Security Issues in Southern Russia

In southern Russia, many interests are intricately interwoven and clash in real life—those of Russia itself, of the newly independent states of the South Caucasus, of the Middle East, of the United States, and of Europe. The economic interests of transnational companies trying to secure access to the natural resources and strategic communications channels of southern Russia and the Caspian Sea are also clearly present in the region. Contemporary problems of world politics and economics, which according to established tradition are often formulated as the opposition of East-West and North-South, are also visible here. As Willy Wimmer, a member of the CDU [Christian Democratic Union] faction of the Bundestag and vice-president of the Parliamentary Assembly of the OSCE [Organization for Security and Cooperation in Europe], emphasized in his interview to Berlin-Brandenburg Radio, "both in Europe and in the South of the Russian Federation, the issue is the pursuit of global strategic goals involving access to natural resources."¹     

Theory of Custom,Dogmatics of Custom,Policy of Custom: On the Threefold Approach of Polish‐Russian Legal Realism

Proceeding from the insights of Petra?ycki, Polish‐Russian legal realists (PRRs) distinguished legal theory, legal dogmatics, and legal policy. Legal theory describes legal phenomena in a value‐free way and formulates causal laws concerning those phenomena. Legal dogmatics and legal policy are, by contrast, value‐laden sciences involving the subject's—i.e., the scientist's—own attitudes toward existing or imagined phenomena: Dogmatics evaluates behaviors based on the subject's adoption of given normative sources (NSs) as binding, while legal policy evaluates the effects produced by given NSs based on causal laws and on the subject's goals (for Petra?ycki, these goals come down to that of fostering love, or benevolence). PRRs then conceptualize custom as a representation of people behaving in a certain way (R_c): We have a custom on the threefold condition that (a) R_c is believed true by a given X, (b) R_c causes the existence of a given normative psychical experience (NPE) in X, and (c) X expressly refers to—or would refer—to R_c in justifying an NPE. PRRs use the term customary law to refer to legal experiences (i.e., NPEs involving a sense of entitlement) caused and justified by an R_c. From a theoretical perspective, both the subject's adoption of custom as a binding NS and its truth are irrelevant. It is only the presence of a customary NPE in the X under study that matters. From a dogmatic perspective, by contrast, what matters is (a) whether the dogmatician—qua subject—adopts custom as a binding NS, (b) whether it is true that people behave in a given way b_w, and (c) whether b_w resembles the behavior that is deontically qualified in the norm under dogmatic evaluation. Finally, from a legal‐political viewpoint, PRRs hold that customary law in modern societies, owing to its conservative nature, should be eradicated for the goal of removing inequalities and fostering benevolence.     

Choice

In publishing this article by Sergei Chuprinin, the editorial board [of Znamia] hopes to begin a discussion of possible paths of spiritual, social, and ideological self-definition by the individual in post-totalitarian Russia. We propose to continue this debate on our pages with statements from well-known publicists, political scientists, public and political figures, and representatives of the creative intelligentsia and business circles.     

Gustav Shpet and the Semiotics of ‘Living Discourse’

Semioticians traditionally honor Russian linguistics of the early 20th century, and study Jakobson, Vinogradov, Vinokur or the early Trubetzkoy. They do, however, seldom consider Russian philosophers of the same period. Gustav Shpet is an important representative of Russian philosophers in discussion with Hegel, Neo-Kantian thinkers and contemporaries in Russia and abroad, among them Edmund Husserl, originator of transcendental phenomenology. Shpet introduced Husserl’s phenomenology in Russia and expanded those ideas in his 1914 Appearance and Sense. A triangle “Hegel—Husserl—semiotics” emerged where Shpet emphasized the concept of discourse in phenomenology: a philosophical challenge to modern semiotics. Significant portions of the material in this paper were originally prepared for publication in a chapter contributed to the volume A History of Russian Philosophy, 1830–1930, ed. Gary Hamburg and Randall Poole (Cambridge University Press, forthcoming), and are used here in a different context with the kind permission of that publisher.

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Russian Society on the Threshold of 21 September

The tables presented below for the reader's attention were prepared using materials included in the Public Opinion Foundation (POF) pamphlets titled What Kind of Authoritarian Regime is Possible in Russia? and Russia's Regions: The Population's Economic and Political Orientations,¹ as well as materials from a survey carried out by the foundation in the fall of 1993. The tables are accompanied by brief commentary by POF analysts.     

Ordinary Heroes vs. Failed Lawyers—Public Interest Litigation in Erin Brockovich and Other Contemporary Films

Although feature films may overpraise lawyers and civil courts as means of securing justice, they caricature lawyers and litigation. Analysis of Erin Brockovich (directed by Steven Soderbergh and produced by Danny DeVito, et al., 2000) reveals four motifs—two favorable and two unfavorable to public‐interest litigants and litigation—that characterize similar films in the last decades: Class Action (1991), The Rainmaker (1997), The Sweet Hereafter (1997), A Civil Action (1998), The Insider (1999), Runaway Jury (2003), and North Country (2005). These filmic populist romances promote ordinary heroines (mostly) who redeem a problematic system through common sense and everyday virtue rather than through laws, lawyers, and litigation.     

Cultural Policies and Local Planning Strategies: What Is the Role of Culture in Local Sustainable Development?

The authors draw a strategic framework for cultural planning at the local level. The concepts of industrial district and cluster have strengthened the role of space—in terms of external economies of localization and agglomeration—in economic development. The recent debate concerning contemporary development processes has underlined the increasing role of the cultural dimension for local development and has focused on different paths of clustering around cultural investment. The authors review the latest literature on cultural districts and illustrate some key cases around the postindustrialized world in which culture played a critical role by acting as a catalyst for major economic and social renewal. The authors present a strategic model of a progressive cultural district based on an asset-action matrix that intersects cultural policy drivers with capital resources. The authors define a new model of cultural district—the system-wide cultural district—as an emergent, self-organized model of cultural supply that displays significant strategic complementaries with other production chains with a typical, postindustrial characterization.     

Real Interrogation: What Actually Happens When Cops Question Kids

Although the Supreme Court repeatedly cautioned that youthfulness adversely affects juveniles' ability to exercise Miranda rights or make voluntary statements, it endorsed the adult waiver standard—knowing, intelligent, and voluntary—to gauge juveniles' Miranda waivers. By contrast, developmental psychologists question whether young people understand or possess the competence necessary to exercise Miranda rights. This article analyzes quantitative and qualitative data of interrogations of three hundred and seven (307) sixteen‐ and seventeen‐year old youths charged with felony offenses. It reports how police secure Miranda waivers, the tactics they use to elicit information, and the evidence youths provide. The findings bear on three policy issues—procedural safeguards for youths, time limits for interrogations, and mandatory recording of interrogations.     

Jail inmates’ perspectives on police interrogation

ABSTRACT

Few studies have examined police interrogation strategies from suspects’ perspectives, yet assessing suspects’ views about interviewer approaches could provide important insights regarding confession decision making. The current study is the first American survey to assess a diverse sample of adult jail inmates’ views on police interrogation tactics and approaches. The study explored US jail inmates’ (N?=?418) perspectives about how police should conduct interrogations. Potential dimensionality among 26 survey items pertaining to police tactics was examined using exploratory factor analysis. Group differences according to demographic and criminological variables were also explored. Four factors emerged, conceptualized as Dominance/Control, Humanity/Integrity, Sympathy/Perspective-Taking, and Rapport. Respondents most strongly endorsed Humanity/Integrity and Rapport strategies and were unsupportive of approaches involving Dominance/Control. Gender differences emerged for Dominance/Control and Humanity/Integrity, and Black respondents were more likely to value strategies related to Sympathy/Perspective-Taking. Suspects endorsed interrogation strategies characterized by respect, dignity, voice, and a commitment to the truth; they reported aversions to the false evidence ploy and approaches involving aggression. Overall, results from this incarcerated sample suggest that interviewees may be more responsive to rapport-building, non-adversarial strategies.