Suchergebnisse

Lawlessness in Russia? Rethinking the narratives of law -- Legal consciousness(es) in Russia -- Dealing with damage from home water leaks -- Dealing with auto accidents -- The view from the benches of the justice-of-the-peace courts -- The view from the trenches of the justice-of-the-peace courts -- Rethinking the role of law in Russia

The study represents a first effort to explore societal sources of support for judicial independence under authoritarianism. Contemporary Russia, which is characterized by legal dualism, under which judges pay close attention to the governing law when resolving mundane cases but routinely twist this law beyond recognition in politicized cases, presents an ideal case study. Drawing primarily on two national representative surveys, fielded in 2008 and 2018, the author finds that a majority of Russians believe their judges to be under the control of political officials. Higher education and prior court experience are key predictors of skepticism. The study complicates the relationship among these factors by singling out Russians with legal education. Despite their high levels of knowledge and experience, law graduates are more likely to believe in judicial independence than other university graduates. This suggests the importance of drawing a contrast between those with profound knowledge, such as lawyers, and those with superficial knowledge. Thanks to their educational socialization and deeper understanding of the messy reality of courts, Russian lawyers are more forgiving of the courts' shortcomings.

This article explores the mind‐set of Russian law students on the cusp of graduation. Drawing on a 2016 survey, the analysis finds that, despite having taken different paths to their degrees, the respondents share a confidence in the Russian courts that distinguishes them from Russians without legal education. Within the sample, a natural division is evident between those who plan to go into state service and those who plan to go into private practice. Aspiring state lawyers are more likely to support the policies of the Putin regime, even when they preference politics over the letter of the law. This strongly suggests that the tendency of judges and state lawyers within the criminal justice system to work as a team to ensure convictions is not solely the result of workplace incentives, as had previously been assumed, but is an element of a worldview that these lawyers share that predates their legal education. Aspiring private lawyers, by contrast, are consistently more skeptical of the state. To the extent that they are later coopted by the state, as studies of criminal defense lawyers suggest, such behavior would likely be the result of a desire to endear themselves to investigators and prosecutors in order to ensure further appointments to represent indigent clients.

Russian lawyers have traditionally been politically pliant. The paper explores the potential for change. By focusing on the results of a survey of a cohort of 2015 graduates of law faculties across Russia, it asks whether lawyers might be prepared to use their expertise to challenge the Putin regime. About 30 percent of the sample were motivated to study law by a desire to change and improve society. The analysis shows that this group is more supportive of Putin's policies than the rest of the respondents. This suggests that they are unlikely to lead the charge for greater democracy or spark a resurgence of civil society.