从犯与证人——斯大林时期的律师职业(1945-1953)

Juliette Cadiot
{"title":"从犯与证人——斯大林时期的律师职业(1945-1953)","authors":"Juliette Cadiot","doi":"10.1017/S2398568217000061","DOIUrl":null,"url":null,"abstract":"Drawing on research conducted in Russian and Ukrainian archives, this article explores the legal profession in the late Stalin-era USSR, with a focus on the years following the Second World War. During this period, the number of cases dealt with in the courts grew considerably, and calls to rehabilitate “socialist legality” became more pressing. It is against this backdrop that the article details the different professional aspects—social trajectories and daily practices—of the criminal lawyer's craft. It concludes that while their influence remained relatively weak and was rarely anchored in their legal capabilities, Soviet lawyers did develop economic and networking capacities that enabled them to maintain their autonomy and to fully participate in the dynamics of the Soviet society that emerged in the aftermath of the war. Despite their weak position and the purges they had suffered, lawyers found ways to gain privileged information about ongoing cases, and some of them played an intermediary role between the apparatus of repression and Soviet notables—particularly by participating in the system of bribery and clientelism. Their actions exemplified the ways that Soviets acclimatized to Stalin's dictatorship, working to bend and improve the rules and to create spaces of protection, mutual assistance, and exchange at the heart of the state and the party.","PeriodicalId":86691,"journal":{"name":"Annales Nestle [English ed.]","volume":"48 1","pages":"153 - 182"},"PeriodicalIF":0.0000,"publicationDate":"2016-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Accessory and Witness - The Profession of the Lawyer under Stalin (1945–1953)\",\"authors\":\"Juliette Cadiot\",\"doi\":\"10.1017/S2398568217000061\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Drawing on research conducted in Russian and Ukrainian archives, this article explores the legal profession in the late Stalin-era USSR, with a focus on the years following the Second World War. During this period, the number of cases dealt with in the courts grew considerably, and calls to rehabilitate “socialist legality” became more pressing. It is against this backdrop that the article details the different professional aspects—social trajectories and daily practices—of the criminal lawyer's craft. It concludes that while their influence remained relatively weak and was rarely anchored in their legal capabilities, Soviet lawyers did develop economic and networking capacities that enabled them to maintain their autonomy and to fully participate in the dynamics of the Soviet society that emerged in the aftermath of the war. Despite their weak position and the purges they had suffered, lawyers found ways to gain privileged information about ongoing cases, and some of them played an intermediary role between the apparatus of repression and Soviet notables—particularly by participating in the system of bribery and clientelism. Their actions exemplified the ways that Soviets acclimatized to Stalin's dictatorship, working to bend and improve the rules and to create spaces of protection, mutual assistance, and exchange at the heart of the state and the party.\",\"PeriodicalId\":86691,\"journal\":{\"name\":\"Annales Nestle [English ed.]\",\"volume\":\"48 1\",\"pages\":\"153 - 182\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2016-03-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Annales Nestle [English ed.]\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1017/S2398568217000061\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Annales Nestle [English ed.]","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1017/S2398568217000061","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

摘要

根据对俄罗斯和乌克兰档案的研究,本文探讨了斯大林时代晚期苏联的法律职业,重点关注第二次世界大战后的几年。在此期间,法院审理的案件数量大幅增加,恢复“社会主义法制”的呼声更加迫切。正是在这种背景下,本文详细介绍了刑事律师职业的不同方面——社会轨迹和日常实践。报告的结论是,虽然苏联律师的影响力仍然相对较弱,而且很少以其法律能力为基础,但他们确实发展了经济和网络能力,使他们能够保持自主性,并充分参与战后出现的苏联社会的动态。尽管他们的地位很弱,遭受了清洗,但律师们还是找到了获取正在进行的案件的特权信息的方法,其中一些人在镇压机构和苏联名人之间扮演了中间人的角色——特别是通过参与贿赂和裙带关系体系。他们的行为体现了苏联人适应斯大林独裁统治的方式,努力改变和改善规则,在国家和党的核心创造保护、互助和交流的空间。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Accessory and Witness - The Profession of the Lawyer under Stalin (1945–1953)
Drawing on research conducted in Russian and Ukrainian archives, this article explores the legal profession in the late Stalin-era USSR, with a focus on the years following the Second World War. During this period, the number of cases dealt with in the courts grew considerably, and calls to rehabilitate “socialist legality” became more pressing. It is against this backdrop that the article details the different professional aspects—social trajectories and daily practices—of the criminal lawyer's craft. It concludes that while their influence remained relatively weak and was rarely anchored in their legal capabilities, Soviet lawyers did develop economic and networking capacities that enabled them to maintain their autonomy and to fully participate in the dynamics of the Soviet society that emerged in the aftermath of the war. Despite their weak position and the purges they had suffered, lawyers found ways to gain privileged information about ongoing cases, and some of them played an intermediary role between the apparatus of repression and Soviet notables—particularly by participating in the system of bribery and clientelism. Their actions exemplified the ways that Soviets acclimatized to Stalin's dictatorship, working to bend and improve the rules and to create spaces of protection, mutual assistance, and exchange at the heart of the state and the party.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:604180095
Book学术官方微信