Legal policy in the field of ethnology
DOI:
https://doi.org/10.21638/spbu25.2024.202Abstract
The role of ethnology and anthropology in Russian legal science is not high. Meanwhile, the data of the abovementioned sciences linked with law, could be used to build mechanisms for resolving issues connected with fertility and even with criminal punishment. The authors of this paper believe that in order to make justified legal decisions, it is necessary to increase the legislator’s attention to the results of ethnological research, to organize and implement rational policies in the field of ethnology, considering the ethnological analysis of problem areas of modern legal reality. Ethnology can provide data for legal science, for example, about the deterioration of the situation of a particular ethnic group, a decrease in the number of endangered languages’ speakers, and problems in the functioning of traditional economics. Based on the results of ethnological research demonstrating the decline in the number of one or another indigenous people, the state can develop specific targeted measures to preserve these groups of population. In particular, provide financial and regulatory measures, including the establishment of more stringent sanctions in administrative and criminal law for encroachment on the rights of citizens representing a national minority that is on the verge of extinction. The authors argue that results of ethnological research should become a road map for the legislator in the development of regulations relating to the protection of the rights of indigenous peoples, their support, as well as the development of their cultural autonomy. In this regard, it is necessary to develop a concept that will determine the place of ethnology in the legislative process, identify goals, directions in lawmaking for the use of material collected by ethnologists, indicate vulnerable and endangered peoples of Russia, for the preservation of which it is necessary to develop special protection mechanisms, introduce new measures of support or supplement existing ones.
Keywords:
anthropology, ethnology, legal policy, interdisciplinarity, human rights, indigenous peoples, ethnological expertise
Downloads
References
Agafonova, Elena A. 2009. Legal anthropology: Conceptual ideas and principles: PhD thesis in legal Sciences. Rostov-on-Don. Available at: http://www.dslib.net/teoria-prava/juridicheskajaantropologija-konceptualnye-idei-i-principy.html (accessed: 10.12.2023). (In Russian)
Baranov, Pavel P., Ovchinnikov, Alexey I. 2002. Legal ethnology is a modern independent direction in domestic legal science. Philosophy of Law 2 (6): 5–15. (In Russian)
Chapikov, Sergey Yu. 2015. Law policy of modern Russia in the conditions of crisis. Law and Management. XXI Century 3 (36): 130–135.
Danilova, Elena N. 2018. Ethnological expertise: Modern concepts and approaches. Ural Historical journal. 1 (58): 127–134. https://doi.org/10.30759/1728-9718-2018-1(58)-127-134 (In Russian)
Fathi, Valentina I. 2007. Legal ethnology: Conceptual ideas and principles. PhD thesis in legal Sciences. Rostov-on-Don.
Filant, Konstantin G. 2017. Features of legal regulation of northern reindeer husbandry. Nauchnyi vestnik Iamalo-Nenetskogo okruga 4 (97): 17–27.
Hoebel, Edward A. 1954. The Law of Primitive Man: A Study in Comparative Legal Dynamics. Cambridge, Massachusetts, Atheneum Publ.
Malko, Аlexander В. 2012. Legal policy: Debatable aspects of understanding. Pravovedenie 2: 52–63. (In Russian)
Novikova, Natalia I. 2017. Anthropological expert review in Russian Federation: Legal grounds and prospects for indigenous people. Arctic XXI century. Humanitarian sciences 3 (13): 4–19. (In Russian)
Osipov, Gennady V. (ed.). 1998. Sociological encyclopedic dictionary. In Russian, English, German, French and Czech. Moscow, INFRA M Publ. — Norma Publ.
Romashov, Roman A. (ed.). Legal genesis: tradition, will, law. 2021. Collective monograph. St. Petersburg: Aleteiia Publ. (In Russian)
Rybakov, Oleg Yu., Bondar, Nikolay S., Fadeev, Vladimir I., Komarova, Valentina V., etc. 2015. Strategy of law: searching the harmony between a person and the state. In Strategies for the legal development of Russia. Ed. by O. Yu. Rybakov. Moscow. Iustitsiia Publ. (In Russian)
Sheptalin, Alexey A. 2022. On the origins of law from the legal anthropology standpoint. Journal of Russian Law 3: 35–47.
Sleptsov, Anatoly N. 2017. Issues of normative consolidation of ethnological expertise in places of traditional residence and economic activity of indigenous peoples of the North using the example of Yakutia. Iurist. 19: 42–46.
Stepanenko, Ravia F. 2016. Ethnomethodological practices within the doctrine of legal policy: general theoretical issues. Law and Politics 2: 287–295. Available at: https://en.nbpublish.com/library_read_article.php?id=52596 (accessed: 10.12.2023).
Svechnikova, Larisa G. 2007. Customary law: new results of research. Law and Politics.1: 139–141.
Vaskul, Igor’ O., Zherebtsov, Igor’ L. 2018. Humanitarian research in the Arctic zone of the European North-East and the role of the Institute of Language, Literature and History of the Komi Scientific Center of the Ural Branch of the Russian Academy of Sciences. Materials for the IV scientific and practical conference “Russia in the Arctic” (St. Petersburg, April 26, 2018). Syktyvkar, IYALI Komi Scientific Center Ural Branch RAS Publ. (In Russian)
Zabelina, Ekaterina V., Kurnosova, Svetlana A., Luzan, Vladimir S. 2023. Transformation of the economic behavior of indigenous peoples of the North. Petrozavodsk. International Center for Scientific Partnership “New Science” Publ. https://doi.org/10.46916/13012022-978-5-00174-444-3
Downloads
Published
How to Cite
Issue
Section
License
Articles of "Pravovedenie" are open access distributed under the terms of the License Agreement with Saint Petersburg State University, which permits to the authors unrestricted distribution and self-archiving free of charge.
