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Pobedonostsa Konstantin Petrovich

( The well-known lawyer and statesman)

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Biography Pobedonostsa Konstantin Petrovich
photo Pobedonostsa Konstantin Petrovich
Born in Moscow in 1827, Mr.. Upon completion of the course in the School of Law joined the Moscow Department of the Senate, in 1860 - 1865 years in the department of civil law at Moscow University and at the same time was a teacher jurisprudence led. kn. Nikolai Alexandrovich, Alexander Alexandrovich Vladimir Alexandrovich, and later - and the reigning Emperor. In 1863, Mr.. accompanied the deceased Tsarevich Nicholas Alexandrovich in his journey across Russia, which is described in the book: "Letters of a journey heir-the Crown Prince of Russia from St. Petersburg to the Crimea" (St. Petersburg, 1864). In 1865, Mr.. Pobedonostsev appointed to consult the Ministry of Justice, in 1868. - Senator, in 1872. - A member of the State Council in 1880. - Procurator of the Holy Synod, a position he held and still. Contains an honorary member of the Universities of Moscow, St. Petersburg, St.. Vladimir, Kazan and Tartu, as well as a member of the French. Acad. Diverse and continues until the last time, . help of an erudite literary and journalistic activities Pobedonostsev makes it possible to find out all the details of this world statesman, . who took over the past 20 years a prominent part in the highest governance,
. Especially characteristic in this respect is the publication Pobedonostsev, appeared in 1896. under the title: "Moscow Digest. It criticized the basic foundations of modern Western culture and political system, compared with the main features of Russian national ideals. The main defects of Western culture, according to the view Pobedonostsev, agree on this with Le-Ple (see), are rationalism and faith in the good nature of man. The first person pays full power of inference and generalizations, . relevance and power in reality only insofar, . because the true facts of life, . underlying the assumptions, the second leads to the idea of democracy and parliamentarism - "the great lie of our time",
. Taken together, both factors produce extreme confusion in the whole structure of European society, affecting, and "Russian crazy head". Summoned to the discussion developed through extensive theoretical logic programs, . on which the entire public administration, . mass of the population, . incapable of verification broad generalizations by a careful examination of the facts, . given as a sacrifice for people, . who are able to influence it with his eloquence, . the ability to skillfully and slyly make generalizations and other, . even less control methods (selection of parties, . bribery and t,
. etc.). Legislative leaders belong, . mostly, . the most immoral members of society, "with very limited intelligence, . for the unlimited development of selfishness and malice itself, . with meanness and dishonesty motivated, . man with a strong will can become a leader of the party and then becomes the guiding, . gospodstvennym head of the circle or assembly, . even if it belonged to the people, . far exceeded his mental and moral qualities ",
. People of honor and duty disgusted elective procedure: turn not away from it just self-serving and selfish nature, wishing to achieve personal goals. People of honor and duty is not usually eloquent, unable to "bead loud and vulgar phrases": they "reveal themselves and their strength in working the corner or in their close circle of like-minded people". According to this view, everything is based on the dominance of rationalism and the ideas of popular representation, is in Pobedonostsev strict judge. Court, . based on these principles, . bear "crowd of lawyers, . which the interest of vanity and self-interest helps achieve soon a significant development in the art of sophistry and logomahii, . to act on the masses ", in the person of the jury it is a" motley mixed herd, . collected or accidentally or by artificial selection from the mass, . means are unavailable or sense of duty judge, . nor the ability to overpower a lot of facts, . requiring analysis and logical disassembly ",
. Even more harmful to the press, the so-called. spokesman of Societies. views. This force, . corrupting and harmful, . because it, . being irresponsible for their opinions and judgments, . interferes with them everywhere, . all corners of the fair and family life, . forcing the reader to ideas and mechanical influences on the actions of the mass of the most harmful way, "every street, crook, . any talker from unrecognized geniuses, . Any seeker geshefta can, . having his or borrow for profit and speculation other people's money, . establish a newspaper, . convene a crowd of hacks, and t,
. d. Certainly harmful and dissemination of public education, . because it educates people, . does not disclose the ability, . but only the knowledge and the habit of thinking logically, meanwhile, is only to recognize the syllogism higher, . absolute measure of truth - and life really gets into slavery to an abstract formula of logical thinking, . mind with common sense would have to surrender to the emptiness and stupidity, . possessing an instrument of formula, . and art, . experience life, . must be silenced before the first argument that fell among youths, . familiar with the alphabet of formal reasoning ..,
. The belief in absolute moral effect of intellectual education is belied by the facts, there is not nothing but a biased position, stretched to absurdity ". Positive ideals Pobedonostsev as definite as his critique of modern Western system of government and public life. "There is in humanity, - he says - the natural inertia, which has great value ... This force, which is short-sighted thinkers of a new school care is mixed with ignorance and stupidity - is absolutely necessary for the welfare of society. Neglecting or forgetting that power - that is the chief defect of the latest developments ". A simple man knows the value of this force and a good sense that, yielding to the logic and reasoning, he should change his entire worldview, so he keeps it firmly, not giving in to the logical arguments. It does not rest on knowledge, on the main motive of human action - the direct sensation, feeling, experience. "One really fool can have everything clear thoughts and representations. The most precious concepts, . which contains in itself the human mind, . - Are in the very depth of field and the shadows, about some of these confused ideas, . we can not be brought into contact with each other, . rotate clear thoughts, . expand, . develop, . rise ",
. In political terms, this force of unconscious sensations bear respect for old institutions, . are "so precious, . therefore indispensable, . not invented, . and create a life, . out of the living past, . history and sanctified in the popular opinion to the authority, . which gives the history and only one story ",
. With the above force is directly connected, and the mainstay of public life - faith, standing above all the theoretical formulas and conclusions of reason. "The people of the soul feels that absolute truth can not grasp the material, put tangibly, to determine the number and measure, but that it can and must believe, because the absolute truth available only to faith". People, . through their unconscious to the truth, . knowing the scientific pragmatic history and does not need it, . because it creates its own history - a legend, . "in which he feels the profound truth, . - Which can not give him any - the most delicate and artistic - a critical analysis of the facts ",
. Since the rule of faith binds the rule of the church, and especially the church ceremony, in which the people directly, the same instinct, not by reasoning, is perceived meaning of the Church's teaching. Joined together historically, in connection with the national life, the rite is an integral part of this life. Therefore, there can be no question of connecting the various churches on the theoretical basis of an agreement on the understanding of the tenets, the church will remain distinct, yet be different rite, t. e. There will exist a nation. Pobedonostsev not allow censure members of the same church for members of another faith ( "everyone that believeth, . as akin to it) - but the belief in the absolute truth of their religion leads to, . that man, . convinced it, . "considers it his duty not only to profess openly their teaching, . but, . in case of need, . and forcibly impose its other ",
. According to this Pobedonostsev not allow for equality of churches in the state, the less - separation of church and state. The ideal is for him the position of the church in Russia. "The religious life of a people like ours, left to itself, unlearned - for Pobedonostsev" mystery ". "Our clergy is small and rarely taught, it serves in the church and performs treby. For the illiterate people the Bible does not exist, is a church service and a few prayers, which, passed on from parents to children, serve as the only connecting link between the individual and the church. In other areas of deaf people do not understand absolutely nothing: neither in the words of a church service or even in the Lord's Prayer. And yet, in all these ill-bred minds erected, as it was in Athens, an unknown person, unknown to the altar of God ". What "our people are ignorant of their faith, filled with superstition, suffering from a bad and vicious habits, that our clergy rude, ignorant, inactive" - all "is" the phenomenon of non-essential (italics in original). In his State of Pobedonostsev always remained true to his views of. They also reflected on his legal treatises. A characteristic feature of his "Course of civil rights" is, as in journalistic treatise, contempt for scientists theories and fundamental dispute. It completely absent, so-called "general part", sets out the general concepts of law, its relation to other areas of knowledge, methods, basic institutions. Views Pobedonostsev on the right, on the processes of education and, especially, the factors of its progress differ, therefore, uncertainty. In the "Compendium of Moscow" Pobedonostsev tries to prove, . that the concept of law is inseparable from the concept of the commandments, . moral righteousness of the law, . custodian which is the power, . governing its application in specific cases and not allow citizens entangled in the mass of private law regulations,
. Feasibility of norms Pobedonostsev not attached, therefore, the values. "In the law, although in connection with it, there is a reasonable force and reasonable will, which operates powerfully in the application of the law and which all consciously obey" (89). In the "Course" Pobedonostsev claims, . that the legal relations "are defined by life itself and its economic conditions, the right (law) seeks only to realize and embrace these conditions, . to rule the free play of sound economic start in life, . just, . in the field familistic relations generally seek to maintain the moral principles, . follow them and adapting to them "(I, . 1 - 2),
. Elsewhere Pobedonostsev insist on strict application of detailed rules of law, . albeit unfair: "there, . where it is the use of force of the well-known law to this case, . remains only to determine the true meaning of the Act, . and considerations of fairness can be tolerated only to the extent that the legal meaning of "(II, . 313),
. In "Judicial leadership," he said, . that the law - only support for artists and requires them to well-known knowledge and understanding, . acquired not from the letter of the law, . and from school and from the joint and successive accumulation of reserve forces and experience, . who is going to work of generations ",
. For his "Course" Pobedonostsev chose "comparative method of presentation: in the beginning of each article indicates the main idea of the establishment, then it is explained, in its distinctive features, the Roman, French and germanskomu Law. When the reader's mind is ready, if possible, full and rounded image of the institution, described it in Russian law, a preliminary sketch of its origin and historical development of our soil. Thus, the reader may have in the needs of cases, to judge what the Russian law agency meets or does not comply with its general type, as he put it in history, economy and law in Western Europe ". In this form the "Course" Pobedonostsev, . appearing at the same time the first independent and detailed elaboration of the current Russian law in its history and the practice, . received in Russian literature of great scientific and practical value and has become a counterweight to Germany romanisticheskoy scholasticism, . renouncing the history and modern law in its latest, . not similar to the Roman, . formations,
. Sound basis for assessing the reforms, and the need for which arises from the statement "Course", the author, however, does not. Highlighting discrepancies Russian law "general idea" of an "institution", . Pobedonostsev always finds, . that the reform of their effort is not, . that it depends more on morals, . than from the law (guardianship), . that the issue has not been elucidated (ancestral property), . that influence his decisions especially the relations of the Russian Church and the Russian State (Family Law) and T,
. d. Fear introduce logical thinking in the building of institutions is often reflected in the clarity of legal definitions. Apart from the works, . Pobedonostsev belong: one of the first serious and scholarly monographs on the history of serfdom (in the "Historical studies and articles", . St.Petersburg, . 1876), . number of legal articles in the "Archives" Kalacheva, . Journal of the Ministry of Justice ", . "Legal Notice" and "Russian Messenger" (the main features of which included, . mostly, . in the "Course"), . "Historical and legal acts of the transition period XVII - XVIII centuries" ( "Readings in Imperial History and Antiquities of the Moscow University", . 1886), . "Materials for the history of judicial clerk in Russia" (ibid., . for 1890), . article on Le Ple ( "Russian Review", . 1889, . ? 9),
. Translation: "The Adventures of the Czech nobleman Vratislav of Constantinople" (in Czech), "On the imitation of Christ" (St. Petersburg, 1890), "The victory that overcomes the world" (4 th ed., Moscow, 1895) and others. On the "Collection of the Moscow" cm. Journal Europe "(1896,? 10) and" Historical Journal "(1896,? 9). October 19, 1905, Mr.. left the post of Procurator of the Holy Synod.


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Pobedonostsa Konstantin Petrovich, photo, biography
Pobedonostsa Konstantin Petrovich, photo, biography Pobedonostsa Konstantin Petrovich  The well-known lawyer and statesman, photo, biography
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