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Trabajo Final del Curso InfoCCSS 200901

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This dissertation examines the emergence and development of the Russian advokatura (legal profession) between 1864 and 1905. Unlike past historical works, which have concentrated on the activities of a few prominent defence attorneys in the major political trials, this dissertation focuses on the advokaturas development as an independent, self-governing, profession. Such an approach reveals that contrary to received wisdom, the advokatura's professional evolution was a long, arduous, complicated process, by no means complete at the time of its premature demise. The Russian advokatura traces its origins back to the Judicial Reforms of 1864; prior to that time, Russia's legal practitioners existed as an amorphous mass, where virtually every citizen had the right to act as an attorney. The Judicial Reforms created a new, western-style advocate - the sworn attorney and his assistant, the attorney-in-training - as well as a new, autonomous institution - the regional Bar Council - which was to supervise the professional activities of a given region's sworn attorneys. Yet as this dissertation shows, the Judicial Reforms did more than simply introduce a modern advokatura to Russia; these reforms also represented a critical experiment with Russia's existing social structure, an unprecedented, largely unpremeditated attempt by the autocracy to take the western image of a 'liberal' profession and somehow adapt it to Russia's existing hierarchical soslovie (estate) system. For political and social reasons, however, the advokatura quickly proved incongruous with Russia's traditional soslovie order; as a result, the autocracy introduced a series of counter-reforms in 1874 which sharply restricted the professional development of the sworn attorneys and attempted to transform the existing advokatura into a more conventional soslovie. At approximately the same time, the autocracy created yet another branch of the Russian legal profession - the private attorneys. Therefore, during the course of its lifetime, the Russian advokatura consisted of multiple sections - sworn attorneys, private attorneys, attorneys-in-training - plus the descendants of the pre-reform legal practitioners, commonly known after 1864 as underground advocates. Each of the above subdivisions will be examined in this dissertation in order to gain a greater appreciation of the advokatura's overall professional development as well as the numerous obstacles that were placed in its path. At the same time, this dissertation will also examine the advokatura's impact on Russia's emerging legal culture as well as its attempts to gain more political influence. Such an analysis reveals that despite some significant gains, Russia's entire legal system - not just the advokatura - was seriously undermined and devalued by its incompatibility with the political and social order, constructed by the autocracy.

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This dissertation presents a concept of diversity as an ideal of international economic regulation. The theme of diversity refers to the differentiation of individual competitive strategies. The first advantage of such differentiation is argued to be as a means of stable and adaptive progress; increasing the number of possible techniques with which to meet as yet unforeseen challenges. As the first principle of diversity entails a method for systemic responsiveness, the second principle gives content to this method and states that social goals should serve as the incentives encouraging competitors toward differentiation. The advantage offered by the second principle is that social non-economic goals may be advanced in the present, as individuals attempt new routes to personal reward via the satisfaction of collective objectives that previously may have had little or no economic value. As an ideal of diversity contemplates a method of systemic incentives, rather than mandated outcomes, the location of innovation remains individual competitors. Accordingly, the ideal of diversity is justified and articulated from a basis in individual rights. Diversity is argued to be the optimal set of principles which individuals would select if given the ability to design a new competitive system. In joining a method of differentiation with the added social content of non-economic priority, diversity offers a unique blend of economic efficiency and equity; or of self-interest and concern for the welfare of others. Diversity allows an individual to think of their own pursuit of gain, but also and simultaneously further collective goals by selecting the priorities that should influence competitors toward differentiation. Other’s welfare becomes a route to individual success. The project progresses through three broad conceptual stages. First, international problems of market failure are considered in light of strategies and the economic impulses toward self and system defeating cycles of competition. Second, a redefinition of legal and economic progress is offered to meet conditions of unpredictability, and to arrive at an evolutionary method that encourages constantly competitive variation with which to meet society’s future challenges. Third, an evolutionary approach to international regulation is translated into a priority system of legal rights.

Thesis--Catholic University of America. / Vita. Includes bibliographical refereces (p. 205-216).