Muromtsev Sergey A.( The famous lawyer and politician)
Comments for Muromtsev Sergey A.
Biography Muromtsev Sergey A.
(1850 - 1910). Born in St. Petersburg, in an ancient noble family, studied at the 3rd Moscow gymnasium and the University of Moscow, listened in Gottingen Ieringa. Protection master's thesis ( "On the conservatism in the Roman law", Moscow, 1875) was elected assistant professor of Roman law, as a successor to NI. Krylov. Upon receiving his doctorate in 1877 (for a thesis: "Essays on the general theory of civil law", Moscow, 1876) was elected professor of the same department. In 1884 it was forced to leave the university (see. below). 9-year-old professorship M. was extremely fruitful as in the help of an erudite literary and in school for: M. declared himself an original thinker and a brilliant lecturer, and became one of the first places in the department, close to the AI. Chuprov and MM. Kovalevsky. Assessing the importance of the crisis in the direction of the old Germanic legal thought, M. made their way to independent creativity in the area of the main objectives and methods for studying the Civil Law, leaning with one hand on the works of Ieringa, on the other - on the British philosophical and sociological works. Strong logical mind, a broad philosophical and historical education helped M. achieved in this way, a few decades ago, such research results, which only recently began to find increasing acceptance in Germany. Restored, . in his master's thesis, . the true meaning of creativity Roman jurists, . defining, . in his doctoral dissertation, . problem as "historical-philosophical" or "objective-scientific", . and dogmatic study of civil law, . in its relation to Roman law, . establishing a special book, "The definition and basic separation law" (M., . 1879), . M,
. set to the progressive development of Roman history and dogma of modern law on the new, developed his own grounds. The fruit of her were: "The civil law of ancient Rome" (Moscow, 1883) and "Reception of Roman law in the West" (Moscow, 1885). The first of these works, . "introducing, . a few, . in the process of the Roman legal development "(tip of the Prague Professor Esmarch), . represents an attempt to portray the growth of the Roman civil law in its entirety, . due to internal factors and its methods of work of the Roman jurists,
. The controversy excited by this work, has prompted M. write thin methodological sketch: "What is dogma right?", translated into German Esmarch. In the "Reception of Roman Law, M., tracing the development of Roman law in the West, re-formulate the real task of studying the modern civil rights. Teaching M. left to his disciples, deep scars, he developed a coherent, . consistent and formed a memory circuit of general legal principles and ideas and examples of creativity Roman jurists trained in them a sense of legitimacy and lively understanding of the true objectives of justice,
. But his scientific and philosophical views M. is the best exponent of the Anglo-French positivism and, in particular, a guide to methods of accurate scientific research. Close in their views on the nature of the right to Ieringu, M. free of one-sidedness and hobbies as this lawyer, and many of his followers. M. was prone to psychological explanation of historical phenomena. The formalism of the ancient law he regarded as a psychological phenomenon. In methodological its arguments, it places the psychology of a dominant position. On the contrary, the economic processes of social life has always stood outside the horizon - not because of the negative attitude towards the economy, but because of his spiritual inclinations. M. was a lawyer-humanist. He believed in the power of the human person, the human mind and consciousness, in good conscience, as one of the powerful engines of development of the Roman and modern law, finally, in fairness, as an independent force. As a lawyer, politician, M. repeatedly advocated a strong and staunch defender of the close connection of law and life, pursuing the idea of duty lawyer to be the bearer of the best cultural ideals of the time and, next to the legislator, creative figures in the administration of justice. Deposit these activities,. seen in more free, . than allowed for a very long time the theory, . position of judges in relation to the law and in direct contact with representatives of the society in the form of jury, . whose presence, . According to M., . equally productive in the civil court, . as in criminal court,
. Eden M. in this direction, . contained, . except those works, . and special articles: "The Court and the law in civil law (" Law Gazette, . 1880, . ? 11), . "The creative force of law" (ib., . 1887, . ? 9) and "Law and Justice" ( "Collection of justice", . II), . now includes more and more into the general consciousness,
. Remained unfinished originally conceived "Sociological Essays" M. ( "Russian Thought", 1889). - Wed. VM. Nechaev "C. A. M., as a scientist and professor "(St. Petersburg, 1910), and articles, obituaries of M. the "right" for 1910 AI. Kaminki, MM. Kovalevsky and other. Getting political activity M. associated with the liberal movement, which developed in late 1870 after the Russian-Turkish war, in close liaison with the revolutionary struggle then taking place. M. at the time was chairman of the Moscow Juridical Society and editor of the magazine with him "Legal Bulletin". The prevailing idea of his penetrating this activity, according to his biographer, was "to prepare professionals to the general public law reform". His work in this direction took very careful planning since the onset of the so-called era of "dictatorship of the heart". In March 1880. M. been drawn up in collaboration with AI. Chuprov and V.YU. Skalon, "a note on the internal state of Russia, signed on 20-odd persons and filed with the chairman of the Supreme Administrative Commission, gr. Loris-Melikov. In a note that has been developed following major provisions: "I. The main reason for the painful form (Terrorist) is the absence in Russia of the free development of social thought and initiative. II. Any repressive measures to eradicate the evil can not. III. In the present situation of society, . due to dissatisfaction of many of the essential needs of its, . There is an abundant source of discontent, . which, . the absence of free ways of expression, . necessarily results in painful form,
. IV. To address the causes of widespread discontent, not some government activities, but must be unanimous support of all the living forces of the Russian society ". This same program M. conducted in a number of articles printed in them founded in 1880 by MM. Stassiulevitch newspaper "Order". After the restoration in full force, the Minister of Education Saburova university charter in 1863, M. assumed according to the election board of the Moscow University, the position of vice-rector at the height of student unrest in 1881. He stayed there for several months, trying to appease youth concerns and energetically speaking her counsel before the board of the University. August 28, he was dismissed from the post of vice-rector, according to the petition filed by him in May. After the final triumph of reaction in 1884 M. was deprived of the department "as a result of the Minister for National Education Ministry of the Interior details of his political unreliability". By joining the class of barristers, M. continued his journalistic activities, despite the difficulty of censorship. In 1885 and 1886 he was in the Journal Europe "a special section for" Letters from Moscow. "Legal Bulletin" he edited until its closure, ordered by the administration in 1892. In 1899 it was closed and the Law Society. In 1897, with the beginning of a new movement in Zemstvo environment, M. again took part, at the insistence I.I. Petrunkevich in Land and City Self. As the vowel of the Moscow City Duma, he became the principal leader of the political actions of the Moscow Duma. In November 1904, M. participated in the famous Congress of agrarian leaders and was one of the leaders of its majority, presenting, in opposition to the minority, led by D.N. Shipov, the constitutional requirements. In subsequent congresses Zemsky 1905 M. repeatedly chosen chairman of the meetings and showed in all his glory Presidential talent, he subsequently advanced the undisputed candidate for the presidency of the First State Duma. With the establishment in October 1905 the Constitutional Democratic Party, M. entered the number of its members and was elected to the Central Committee, member of which was to death. Prior to the convening of the Duma, he took an active part in the development of party bills and, in particular, the future punishment for the State Duma. Elected a member of the Duma from the city of Moscow, he was then elected Chairman of the Duma's 426 notes of 436. As chairman of the Duma, he was majestic, imposing figure, forever imprinted in the history of the Russian parliament. Main task of the President's podium M. considered, according to his biographer, "creativity ordinary parliamentary law, the establishment of the procedures and manners, which would be an impenetrable armor of parliamentary freedom". Despite the brevity of the existence of the first Duma, he managed to firmly establish the order and procedure of meetings of the Duma and the Duma of. After the dissolution of the first Duma, Moscow, together with most members of the Duma, went to Vyborg and there presided over the meetings that resulted in the publication of the famous 'Vyborg Appeal'. Together with the other he was prosecuted and sentenced to 3 months' imprisonment, and has served in Moscow in 1908. Deprived, as a result of this sentence, the right of electing the State Duma, as well as in rural and urban institutions, excluded then a special verdict Tula nobility of his environment, M. in the last years of his life could no longer participate in the broad political and social activities. It is not lost, however, vivacity and after these blows. On leaving prison, . responding to the greetings of friends, . He asked: "Are we not stand on the threshold of the two political eras? Do not open before us the prospects of the forthcoming new work"? Selected for the chairman of the newly opened while in Moscow, a private university Shanyavsky and continuing to actively participate in meetings of the Central Committee of the Constitutional Democratic Party, . M,
. not completely stopped and journalistic activity: in the year of his death (1910) he published several articles and delivered several speeches on social issues. Publications and speeches M. published in five intake entitled "Articles and Speeches" (M., 1908 - 1910), which he himself edited and prepared for publication. His parliamentary activity cm. to "verbatim transcripts of the first State Duma". See. collection "Sergey A. M.", edited book. DI. Shakhovsky (Moscow, 1911; there and a full list of his works); "wreath on the grave SA. Muromtseva (Moscow, 1910), a collection of articles "The First State Duma (St. Petersburg, 1906). A. K.