On the Essence of Legal Consciousness (Studies in Russian and East European Law Series)

Glossary, bibliography, and index of names not included. A title in the Studies in Russian, East European, and Eurasian Law series. Il’in’s classic work is the most impassioned and cogent work by a Russian jurist on the rule of law. The product of nearly four decades of labor, which could not be published in the former Soviet Union, this revised edition places the work in the context of developments since its first English translation in 2013. The text is accompanied by one of Il’in’s early and influential articles on law and power, a bibliography devoted to his life and work, and informed introductory essays about his contribution to the rule of law dialogue, the origins and transformations of the concept of legal consciousness and the fascinating history of his treatise on that subject. Introduction Transcriber’s Preface Dedication PREFACE AND ACKNOWLEDGMENTS I.A. IL'IN AND THE RULE OF LAW ILIN ON "THE CONCEPTS OF LAW AND POWER" ILIN ON NATURAL LAW THE CONCEPT OF LEGAL CONSCIOUSNESS: ORIGIN AND TRANSFORMATIONS LEGAL CONSCIOUSNESS (RECHTSBEWUSSTSEIN) IN THE GERMAN HISTORICAL SCHOOL LAW AS A CULTURAL PHENOMENON THE DEVELOPMENTAL STAGES OF THE LAW AND THE ROLE OF LEGAL SCHOLARSHIP FORMS OF LEGAL CONSCIOUSNESS HISTORY AND SYSTEM IN SAVIGNY'S LEGAL THOUGHT THE OBSCURITY OF RECHTSWISSENSCHAFT IN AMERICAN GAZE EVALUATING A LEGAL SYSTEM: THE HISTORICALLY REAL AND THE IDEAL THE SUBSEQUENT FATE OF THE HISTORICAL SCHOOL EUGEN EHRLICH: AN EARLY SOCIOLOGICAL THEORY OF LAW L. I. PETRAZHITSKII: THE ORIGIN OF LAW IN THE HUMAN PSYCHE LEGAL CONSCIOUSNESS (ПРАВОСОЗНАНИЕ) IN THE BOLSHEVIK REVOLUTION IVAN A. II'IN: RUSSIAN LEGAL PHILOSOPHER CHILDHOOD AND STUDENT YEARS LECTURER AND EARLY WRITINGS FIRST WORLD WAR YEARS REVOLUTION AND CIVIL WAR BANISHMENT FROM RUSSIA EXILE IN BERLIN WARTIME YEARS IN SWITZERLAND FINAL YEARS IN SWITZERLAND EPILOGUE THE ORIGINS OF IL'IN'S TREATISE ON THE ESSENCE OF LEGAL CONSCIOUSNESS ON THE ORIGINS OF IL'IN'S MONOGRAPH ON LEGAL CONSCIOUSNESS The Role of Woldemar A. Bary Riabushinskii THE IL'IN PERSONAL ARCHIVE THE IL'IN PRIVATE LIBRARY ON THE IL'IN BOOKPLATE A NOTE ON THE TRANSLATION Chapter One The Problem Chapter Two Knowledge of the Law Chapter Three The Significance of Positive Legal Consciousness Chapter Four Recognition of Law Chapter Five The Grounding of Natural Law Chapter Six The Grounding of Positive Law Chapter Seven The Struggle for Law Chapter Eight Legal Consciousness and Criminal Guilt Chapter Nine The Basis of Sound Legal Consciousness Chapter Ten On Patriotism Chapter Eleven On Political Legal Consciousness Chapter Twelve The Essence of the State Chapter Thirteen The Form of the State Chapter Fourteen The Axioms of Ruling Authority Chapter Fifteen The First Axiom of Legal Consciousness Chapter Sixteen Diseases of Self-Affirmation Chapter Seventeen The Second Axiom of Legal Consciousness Chapter Eighteen Diseases of Autonomy Chapter Nineteen The Third Axiom of Legal Consciousness Chapter Twenty Diseases of Mutual Recognition Chapter Twenty-One Legal Consciousness and Religiosity Chapter Twenty-Two Conclusion Appendix The Concepts of Law and Power: An Essay in Methodological Analysis CHAPTER I CHAPTER II CHAPTER III CHAPTER IV CHAPTER V CHAPTER VI CHAPTER VII 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 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 migr 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. 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, a glossary of key legal terms, and a bibliography of works by or devoted to Il'in. -- From back cover 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 Treatis On The Essence Of Legal Consciousness / W.e. Butler -- A Note On The Translation / P.t. Grier -- On The Essence Of Legal Consciousness / I.a. Il'in ; Translated By P.t. Grier -- The Concepts Of Law And Power / I.a. Il'in ; Translated By P.t. Grier. Ivan Aleksandrovich Il'in ; Edited, Introduced, And Translated By William E. Butler, Philip T. Grier, Vladimir A. Tomsinov. Includes Bibliographical References And Index.