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Vladimir M. Hesse

( famous lawyer)

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Biography Vladimir M. Hesse
Born in 1868, graduated from the course at the Novorossiysk University. Contains a professor of St. Petersburg Polytechnic Institute, the Alexander Lyceum and St. Petersburg Higher Women's Courses. Long taught at the Military Academy of Law. In 1910,. received a master's degree in public law thesis: "Nationality, its establishment and termination", t. I (St. Petersburg, 1909). He was a member of the 2 nd State Duma from the St. Petersburg province, and took as a member of the board, Dr.. fraction of active participation in the development of a number of bills designed to ensure basic civil liberties. Contains one of the editors of the weekly "Right". According to his philosophical outlook Hesse joins the latest critical idealism, and recognizes the need for independent substantiation of personal and social ethics, as a staunch defender of the resurgent ideas of natural law. Without a broad and free of ideological criticism of positive law is impossible, according to Hesse, no viable legal reform. Social progress everywhere and always precedes the turn to idealism, the idealism which alone can be an engine of selfless labor necessary for the liberation of indigenous reform. Rule of law in the strict sense of Hesse acknowledges only that dominated the parliamentary system on the basis of consistent democracy. Bureaucratic system, based on a disciplined army of professional bureaucrats, is, on conviction Hesse, the shaded side of any political progress. Bureaucratization center entail and bureaucratic local necrosis. Oligarchic character, always inherent in the bureaucracy, especially sharply expressed in Russia. In a number of measures that mitigate the evils of bureaucracy, particularly the importance attached to the development of Hesse federal system in general and local government in particular. Should be well-defined demarcation of the items included in the concept of central control field. Non-estate government - a strong wall that protects the lowlands of national life from the bureaucratic flow. The largest of the works of Hesse - "Nationality". "Terminological anarchy" that has long been dominant in this area, Hesse contrasts here the exact definition of "citizenship" and "citizenship". Citizenship - this being the subjects of public duties and rights, citizenship - belonging to the state at the beginning of the personal, as opposed to "inostranstva" as belonging to the state by the beginning of the territorial. Emergency complexity of contemporary regulation of citizenship is generated by short-sighted considerations of public benefit. In practice, this complexity is in irreconcilable contradiction with the national, . and international start: the national - because it requires the forced incorporation of foreign elements, . alien to the indigenous population; international - because it is not considered to belong inkorporiruemyh foreigners to another state,
. Combining rules governing the establishment and termination of citizenship in different states, remains elusive, while the regulation of citizenship is determined by self-serving "public policy". International legal nature of citizenship and it is certainly consistent with the regulation of citizenship, built on the national early. Another monograph Hesse bears the title: "The exceptional situation" (St. Petersburg, 1908). Becoming a sharp opposition to the dominant official teachings of the exclusive legislation, . Hesse, . after a devastating review of all the reactionary sophistry, . finds, . that the current justification for the exceptional provisions: "when the house lights - hit the glass" - does not meet the conditions of Russian reality: "the house does not burn, . its inhabitants are sleeping peacefully, . a glass still beating ",
. The reform should first of all create real guarantee against the entrenched flaws in our existing administrative system: turning exceptional law in the law permanent. The bill worked out by interdepartmental commission in 1908, creates a realm of limitless arbitrariness, full administrative oppression of the powerless and defenseless people. Do not fight with sedition, and the struggle with the public is, in the eyes of Hesse, the hidden purpose of the project. The greatest danger threatening the new shocks, is the degeneration of its fledgling not yet law, the new law replacing the old soulless force. Journalistic articles Hesse collected them partly in two books: "Issues of local self-government" (St. Petersburg, 1904) and "On the Edge" (St. Petersburg, 1906). Of the many small works of Hesse deserve special attention: "The significance of the Hague Conference" ( "Journal of the Ministry of Justice", 1900, March), "The revival of natural law" (Dep. brochure, St. Petersburg., 1902), "On the science of law" (introduction to sociology, edited by Kareeva), "On the State of Law" (Journal of Law, 1905). Hesse - a gifted poet, a collection of his poems under the title "Yellow Leaves" combines the philosophical contemplation of the musical form. Valentin Speranski.

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