Michael Speransky. Statesman of Imperial Russia, 1772–1839 - Marc Raeff

CODIFYING RUSSIAN LAW 321

the problem has lain neglected and forgotten. A definitive judgment

and evaluation of Speransky's work as codifier of Russian law is there-

fore still impossible. Our aim has perforce been quite limited. We only

intend to describe the work done by Speransky in the Second Section

and give an appraisal in terms of his political concepts and admin-

istrative practices. We shall first examine how Speransky proceeded in

compiling the codes, then give a tentative appraisal of some of the

results, and finally, try to see what significance the work of codification

may have for an understanding of his attitudes. Although we have

examined all of Speransky's pertinent writings that have been accessible

to us, our treatment is based to a large degree on the research and

studies of historians of Russian law at the start of the present century.

The distressing situation of Russian law, noted in a previous chapter,

had not changed or materially improved since the ill-fated attempt at

codification undertaken by Speransky in 1809-1812. The defects of

his early codification consisted in his uncritical readiness to imitate

(if not to copy outright) foreign legislation which had no direct relevance

or meaning for Russia and in his belief that new legal norms, not

rooted in tradition and past practice, could be introduced by fiat.

Fortunately, his draft for a Civil Code did not receive practical im-

plementation.

After Speransky's departure for exile, the Commission on Laws again

fell under the influence of Baron Rosenkampf who had been a propo-

nent of the historical-practical approach. Under his guidance, the

Commission took steps to lay the ground for a more complete and

scientific acquaintance with Russian jurisprudence and the history of

Russian law. It published a Zhurnal Zakonodatel'stva Oournal of

Legislation) in 1817 and in 1819 planned the publication of a
Kriticheskii zhurnal rossiiskogo zakonodatel'stva (Critical journal of
Russian legislation).l Baron Rosenkampf was also the first to take
concrete steps to search the archives for legal monuments. He ordered
a survey of archival holdings in the capital and prepared a preliminary
register (30,000 titles) of past legislation that would have to be included
in a code. On the basis of this work, the Baron edited a "Systematic
survey of active laws of the Russian Empire with the foundations of
law derived from them" (Sistematicheskii svod sushchestvuiushclzikh
zakonov Rossiiskoi ImpeTii s osnovaniiami prava iz onykh izvlechennymi).

It consisted of 15 volumes and was published between 1815 and 1822.

In it he also attempted to formulate the basic norms and principles of

1 P. M. Maikov, "Kommissiia sostavleniia zakonov pri imperatorakh Pavle I i
Aleksandre I," Zhumal Ministerstva Iustitsii, (Nov. 1905), p. 2i9.