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Radishchev and the Legislative Commission of Alexander I
Published online by Cambridge University Press: 05 June 2017
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Alexander Nikolaevich Radishchev (1749–1802) was one of the most versatile and talented figures of his age. He retains to this day an honored place in the history of Russian philosophy, biography, poetry, political and economic thought. In 1766 Catherine the Great sent him with a group of Russian students to study at Leipzig University. One of his teachers there was the renowned jurist Karl Ferdinand Hommel (1722–81) who did so much to popularize the theories of Beccaria in Germany. Radishchev at this time became interested in such works as Gabriel Bonnot de Mably's Droit public de l'Europe (1748), Montesquieu's De l'Esprit des lois, and Rousseau's Du Contrat social, all of which exercised an important influence on his political outlook.
On his return to Russia he held for a short time a minor post in the Senate, a body invested at this period with preponderantly judicial powers, without any effective voice in politics and legislation. The Senate was interested neither in Western theories of reform nor, as contemporary records show, in efficient and impartial administration of justice, and Radishchev soon resigned. Subsequently, he became an official in the Commerce Collegium and rose to the responsible position of director of the St. Petersburg Customs House. This work, however, could not satisfy his reformist zeal.
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- Copyright © Association for Slavic, East European, and Eurasian Studies 1947
References
1 Sukhomlinov, M. I., Radishchev. Issledovaniya i statyi (St. Petersburg, 1889), p. 614 Google Scholar.
2 Mikhailovich, Grand Duke Nikolai, Count P. A. Stroganov (St. Petersburg, 1903), I, 101 (in Russian)Google Scholar.
3 Villemain, Cours de litt (Brussels, 1834), II, 259–260.
4 Dela i Dnyi (St. Petersburg, 1920), Bk. I.
5 A sinister organization, somewhat resembling the Star Chamber, founded by Peter the Great and finally abolished by Alexander I.
6 According to his son Paul, Radishchev had himself been hoping to visit England to study British justice. His sudden death prevented him from doing so.
7 Dumont to Romilly from Russia, 1803. Quoted by Ogden, C. K., The Theory of Legislation, by Jeremy Bentham, (London, 1931), p. xxxiii Google Scholar.
8 Cf. Blackstone, Commentaries (8th ed., London, 1778), Bk. II, Chap. 26. et. seq.
9 Par. 222 begins: “The reason why men enter into society is the preservation of their property.” Cf. also par. 124.
10 Blackstone, op. cit., Introduction, pp. 47–48.
11 Cf. ibid., Bk. II, Chap. 30, p. 445: “A nudum pactum or agreement to do or pay anything on one side, without any compensation on the other, is totally void in law: and a man cannot be compelled to perform it.” This passage in Blackstonc refers to contracts in general: the application of the principle to cover Church vows is Radishchev's own.
12 Cf. Blackstone, Bk. III, Chap, 1, p. 3: if a man or his family “be forcibly attacked in his person or property, it is lawful for him to repel force by force.”
13 Reference is to the version published by Semennikov, Radishchev, pp. 180–194.
14 The last phrase might well be interpreted to exclude the serfs.
15 Cf. Blackstone, op. cit., Bk. III, Chap. 1, pp. 8–9.
16 Article in 1936 symposium on Radishchev, p. 55. This first draft is printed as an Appendix on pp. 77–81 of the same article.
17 Vernadsky, G., “Reforms under Czar Alexander I,” Review of Politics, January, 1947. p. 50 Google Scholar. See also George Sacke's work, Graf A. Voroncov, A. N. Radiscev und der “Gnadenbrief fur das Russische Volk,” Emsdetten, n.d. Sacke doubts Radishchev's participation in drafting the Charter.
18 Semennikov, op. cit., p. 121.
19 Cf. Bentham, J., The Theory of Legislation (London, 1931), pp. 271–272, 358–362, 442–445Google Scholar.
20 Cf. ibid., Introduction by C. K. Ogden, pp. xxxiii and xlv.
21 Ibid., p. xxxii.