Dostoevsky's legal and moral philosophy : the trial of Dmitri Karamazov / by Raymond Angelo Belliotti.
2016
PG3328.Z7 L325 2016 (Map It)
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Details
Title
Dostoevsky's legal and moral philosophy : the trial of Dmitri Karamazov / by Raymond Angelo Belliotti.
Published
Leiden ; Boston : Brill, 2016.
Call Number
PG3328.Z7 L325 2016
ISBN
9789004325418 (softcover : alk. paper)
9004325417 (softcover : alk. paper)
9789004325425 (ebook)
9004325417 (softcover : alk. paper)
9789004325425 (ebook)
Description
xvi, 226 pages ; 24 cm.
System Control No.
(OCoLC)953738394
Summary
This work closely examines the trial of Dmitri Karamazov as the springboard to explaining and critically assessing Dostoevsky?s legal and moral philosophy. The author connects Dostoevsky?s objections to Russia?s acceptance of western juridical notions such as the rule of law and an adversary system of adjudication with his views on fundamental human nature, the principle of universal responsibility, and his invocation of unconditional love. Central to Dostoevsky?s vision is his understanding of the relationship between the dual human yearnings for individualism and community. In the process, the author related Dostoevsky?s conclusions to the thought of Plato, Augustine, Anselm, Dante, Kierkegaard, Schopenhauer, Nietzsche, and Sartre. Throughout the work, the author compares, contrasts, and evaluates Dostoevsky?s analyses with contemporary discussions of the rule of law, the adversary system, and the relationship between individualism and communitarianism.
Note
This work closely examines the trial of Dmitri Karamazov as the springboard to explaining and critically assessing Dostoevsky?s legal and moral philosophy. The author connects Dostoevsky?s objections to Russia?s acceptance of western juridical notions such as the rule of law and an adversary system of adjudication with his views on fundamental human nature, the principle of universal responsibility, and his invocation of unconditional love. Central to Dostoevsky?s vision is his understanding of the relationship between the dual human yearnings for individualism and community. In the process, the author related Dostoevsky?s conclusions to the thought of Plato, Augustine, Anselm, Dante, Kierkegaard, Schopenhauer, Nietzsche, and Sartre. Throughout the work, the author compares, contrasts, and evaluates Dostoevsky?s analyses with contemporary discussions of the rule of law, the adversary system, and the relationship between individualism and communitarianism.
Bibliography, etc. Note
Includes bibliographical references (pages 215-223) and index.
Series
Available in Other Form
Online version: Belliotti, Raymond A., 1948- author. Dostoevsky's legal and moral philosophy Leiden ; Boston : Brill, 2016 9789004325425 (DLC) 2016033181
Record Appears in
Table of Contents
Preface
xi
Acknowledgements
xiii
Texts and Their Abbreviations
xiv
About the Author
xv
Introduction
1
Theses
3
Structure
7
Ramifications for Contemporary Argument
9
1.
Rule of Law and Russia
10
Defining the Rule of Law
10
Common Objections Raised against ROL
12
ROL Rests upon a View of Judicial Decision-Making that is Absurd
13
Formal Equality So Celebrated by ROL Advocates Works Substantive Injustice
20
Hegemonic and Legitimating Effects of ROL are Pernicious
23
ROL is a Sham because State Power Cannot be Exercised Impersonally and Impartially
26
Introduction of Considerations of Fairness in Interpreting Legal Doctrine Utterly Disintegrates the Pretensions of ROL
28
2.
Russia and the Transformation of Law
32
Russian Legal System Prior to 1864
32
Legal Reforms of 1864
37
Dostoevsky's Evaluation of Historical Russian Trials
40
Kroneberg Case
41
Preliminary Evaluation of Dostoevsky's Critique
48
Kornilova Case
52
Kairova Case
56
Dzhunkovsky Case
60
Hartung Case
63
Zasulich Case
65
3.
Trial of Dmitri Karamazov
68
Background Events
68
How Fyodor Karamazov's Death is Discovered
70
Pre-trial Investigation
73
Stage One
74
Stage Two
77
Stage Three
78
Stage Four
81
Interrogation of Witnesses
84
Atmosphere at the Trial
87
Testimony in Court
89
Kirillovich's Closing Argument
94
Fetyukovich's Closing Argument
98
Final Rejoinders and the Verdict
103
4.
Adversary System and Dostoevsky
111
Trial Analyzed
111
Dostoevsky's Objections to the Adversary System
116
Western Adversary System
118
Formal Proceedings
118
Partisan Presentation
121
Neutral, Passive Fact Finder
122
Principles of Professional Responsibility
122
Traditional Justifications of the Adversary System
126
Truth Rationale
126
Protection of Individual Rights and Curbing of State Power
129
Respect and Celebration of Individual Autonomy and Dignity
132
Intrinsic Value of the Client-Lawyer Relationship
136
Ritualistic Expression of Societal Values
139
Resolving Disputes and Providing Acceptable Decisions
141
Pragmatic Justification
143
Post-Reform Russian Legal System
147
Pre-trial Investigation
148
Professional Responsibility
150
Jury Nullification
153
Witness Oaths
155
Relationship between Law and Political Authority
155
Adjusting the Adversary System
157
Dostoevsky's Legal Ideal
163
5.
Dostoevsky's Moral Theory in Historical Context
173
Fundamental Human Nature
173
Epistemology
181
Principle of Universal Responsibility
184
Primacy of Love
186
Moral Philosophy and Agape
188
Morality and Suffering
196
Danger of Pride
198
Socialism and Rationalism
204
Russia's Spiritual Mission
206
Amplified Communitarianism
211
Bibliography
215
Index
224