The Legal Regulation of Siberian Peoples in the Russian Empire: the Interplay Between Customary Law and Legislation | Zendy

Valentina Yu. Smorgunova | Zendy; А.А. Дорская | Zendy; Илья Львович Честнов | Zendy

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The Legal Regulation of Siberian Peoples in the Russian Empire: the Interplay Between Customary Law and Legislation

Author(s) -

Valentina Yu. Smorgunova,

А.А. Дорская,

Илья Львович Честнов

Publication year - 2019

Publication title -

journal of siberian federal university humanities and social sciences

Language(s) - English

Resource type - Journals

SCImago Journal Rank - 0.238

H-Index - 7

eISSN - 2313-6014

pISSN - 1997-1370

DOI - 10.17516/1997-1370-0431

Subject(s) - legislation , law , normative , jurisprudence , empire , political science , state (computer science) , legal history , sociology , algorithm , computer science

The paper uses historic and legal materials to analyse the contemporary theories that describe the correlation of customary law and legislation. The authors identify the applicability of these theories in studying regulation of Siberian peoples in the Russian Empire. The paper explores the role of the historical school of jurisprudence and the normative theory of law in determining the interplay between customary law and legislation in the 19th and 20th centuries in Russia. The authors make the conclusion that the implementation of judicial reform of 1864 was impeded in Siberia due to the state giving preference to customary law in governing the relations not regulated by legislation

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