19世纪俄罗斯森林立法的法学学者

IF 0.1 Q4 HISTORY
V. Chernykh
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摘要

本文分析了19世纪森林立法法学学者的贡献;突出他们的创意和人生道路。没有一般的法律,没有特定机构、行业、结构、集群等的立法发展,任何国家都不可能存在。俄罗斯森林立法长期不发达的原因可以解释为森林广阔、缺乏入海口和缺乏市场关系。从手工生产模式到制造业的转变,国家对船队的需求,以及通过木材贸易补充国库的必要性的意识,从根本上改变了局面,并引起了人们对森林的关注。所有这些变化都需要森林立法的发展,这实际上发生在18 - 19世纪。每一种现象背后都有一定的人,森林立法也不例外。这些人协调了支离破碎和重叠的森林法律,并在一定程度上以叙述的方式使森林立法过程本身具有问题编年史和解释性,他们做了大量非常有益的理论和实践工作,完全值得他们的后代铭记,值得法学家和所有从事林业工作的人的认可。研究的实证基础是文献资料,可分为几类:森林立法参考书和百科全书;分析俄罗斯森林立法的形成与完善;有关森林的规范性法律文件。研究的方法论基础是促进从具体到一般逐步发展的一般辩证的认知方法,以及解释学的方法,对法律文本的理解和解释的热爱;强调历史人物活动的客观性质,通过历史发展的因果关系和一致性来揭示。作者提出的将问题的形成和发展与解决问题的人物的历史叠加在一起来考虑问题的形成和发展的方法,使人们对问题有了新的认识,更好地理解了促使科学家们处理问题的原因,并使科学叙述充满了更明亮的色彩。作者进行传记研究的独特性在于了解他们的人生轨迹、创作信条和祖国历史。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Law Scholars of the Russian Forest Legislation of the 19th Century
The article analyzes the contribution of law scholars of forest legislation of the 19th century; highlights their creative and life path. No state can exist without laws in general and without development of legislation of specific institutions, industries, structures, clusters, etc. Long-standing underdevelopment of Russian forest legislation can be explained by vastness of forests, lack of access to the seas, and lack of market relations. Transition from artisan mode of production to manufacture, the country's need for a fleet, and awareness of the necessity of replenishing the treasury through timber trade radically changed the picture and drew attention to the forest. All these changes required development of forest legislation, which actually happened in the 18th – 19th centuries. There are certain people behind each phenomenon, and the forest legislation is no exception. Those people, who harmonized fragmented and overlapping forest laws and in part, narratively, gave the legislative forest process itself a problem-chronological and explanatory character, did a huge and very useful theoretical and practical work, fully deserving the good memory of their descendants and recognition of jurists and all engaged in forestry. The empirical basis of the research is sources, which can be divided into several groups: reference books and encyclopedias of forest legislation; works analyzing the formation and improvement of Russian forest legislation; normative legal acts concerning forests. The methodological basis of the study is general dialectical method of cognition contributing to progressive development from specific to the general, as well as method of hermeneutics, lore of understanding and interpretation of legal texts; and approach emphasizing the objective nature of a historical personality’s activities, revealed through causality and conformity of historical development. The approach proposed by the author to consider the formation of the issue and its development by superimposing it with the history of personalities who solved the issue provides a new look on the problem, a better understanding of reasons that prompted scientists to deal with it, and saturates scientific narrative with brighter colors. The peculiarity of biographical research conducted by the author consists in understanding their life path, creative credo, and the history of the Fatherland.
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