Pachman Semen Vikentievich( Famous Russian lawyer)
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Biography Pachman Semen Vikentievich
Born in Odessa in 1825, . brought Richelieu Lyceum in Odessa and Moscow University, . was a teacher of jurisprudence in the Tula High School, . then the encyclopedia and the history of law in Richelieu Lyceum, in 1852 received the chair of the state laws of accomplishment and the history of law in Kazan on retirement from Kazan Meyer took the chair of civil law, . in 1859 moved to Kharkov in the chair of the laws of accomplishment and civil law, . In 1866 he was invited to the chair of civil law and procedure at St. Petersburg University, . and that held until 1876, . when, . superannuated 30-year period, . was Nonselected the next five years,
. Read civil law at the Alexander Lyceum and College of Law. In 1882 he was appointed a senator, at one time worked on the commission for drafting Russian civil code. Main scientific papers P.: "The forensic evidence on ancient law, . primarily civilian, . in their historical development "(M., . 1851, . Master's thesis), . "The history of the codification of civil law" (St.-Petersburg, . 1876), . "Ordinary civil rights of Russia (1877 and 1879 years), . "On the modern movement in the science of law" (St.-Petersburg, . 1882; translated into German by Professor Bernstein), . "On the subject and system of the Russian civil code" ( "Protocol of St. Petersburg Law Society" in the Journal of the Civil and Criminal Law, . 1884), . "On the subject and system of the Russian civil code" (in the Journal of the Civil and Criminal Law, . 1882, . ? 8), . "The importance of personality in the field of civil law" (ibid., . 1883, . ? 7),
. P. - Consistent and staunch representative of the formal logic of dogmatic jurisprudence, the protection of which is devoted to the aforesaid, his speech about the current movement in science right. Acknowledging the legitimacy of, . next to the dogma, . Copyright philosophical theory of law, . based as much on human aspirations and ideas, . and how the data "domestic legal history", . allowing the urgent need for this latter science, . in its present, . comparative historical or sociological terms, . P,
. denies the possibility of reducing the dogma to the point of art that exists for the application of law, and subordination conclusions dogma sources of positive law. Dogma law - independent scientific industry: its aim - the study of the general formal-logical system of legal institutions, regardless of their household contents. According to P., . historical variations of institutions is less significant, . ought to abandon a system of permanent human bases of civil rights, . arising from the notion of human personality and the fundamental qualities of human nature, . such selfish feelings,
. Civil law is submitted to him completely intact and closed area of rules, from which, without harm to the basic principles, we can not discard any parts: from this point of view, P. defended against Kavelin, conventional system of personal and family institutions, property, and inheritance law of obligations and for the future of Russian civil code. On the basis of these views is P. in his seminal work on the Russian customary law. Been rejected, apparently, from the generally accepted views of legal institutions of the right P. trying to subdue the logical structure, explaining their impact on civilian life of the peasantry purely external factors. This latter point of view, largely fair, raised objections, Ms. Efimenko in "Studies of people's life". General theoretical views P. suffered serious scientific assessment etude SA. Muromtseva "What is dogma right?". A lively controversy has caused, and a book by P. dedicated to the History of codification "(cm. Professor. Sergeyevich "Problems in the history of codification" in the Journal of Europe ", 1876,? 11). Wed. also Shershenevich "Science of civil rights in Russia (Kazan, 1893). V. N.