Pavel Ivanovich Novgorodtsev (February 28, 1866—April 23, 1924)—an outstanding statesman, philosopher and public figure. He graduated from the Faculty of Law of Moscow University (1888). From 1896, he was a private assistant professor, and in 1897 he defended his master’s thesis, “The Historical School of Lawyers, Its Origin and Fate.” From 1898, he taught a course on the history of the philosophy of law at Moscow University. In 1902, he defended his doctoral dissertation, “Kant and Hegel in their Teachings on the Law and the State.” In 1903, he was professor in the department of encyclopedia of law and history of legal philosophy at Moscow University. In 1901–1902, he was one of the compilers and editor of the collection, Problems of Idealism (1902). From March 1905, he was a member of the Central Committee of the Constitutional Democratic Party (Kadets) and deputy of the First State Duma. In 1911, in protest against the violation of university autonomy, he resigned from the university. From 1918, he was actively involved in the White movement. In autumn of 1920, he went into exile. In the spring of 1922, he founded and headed the Russian Faculty of Law at the University of Prague. His main works are: History of the Philosophy of Law (1897); Kant and Hegel in their Teachings on the Law and State (1901); Moral Problems in Kant’s Philosophy (1903); On the Tasks of Modern Philosophy of the Law (1902); The Crisis of Modern Legal Consciousness (1909); Political Ideals of the Ancient and New World (Issue 1–4, 1913–1914); On the Social Ideal (Issue 1, 1917).
A special chapter in the life and work of Pavel Ivanovich Novgorodtsev was his work from 1922 until his death in 1924 as Dean of the Russian Faculty of Law in Prague.
In order to adequately understand such an unusual phenomenon as the Russian Faculty of Law in Prague (which, by the way, was not part of any university or institute), it is necessary to clearly imagine the situation of those years. The revolution that took place in Russia in 1917 and the subsequent intervention, civil war, devastation and mass epidemics had as one of the consequences mass emigration from the country, which, according to the most conservative estimates for 1917–1922, ranged from 1.5 to 2 million people. At the same time, the change in life in Russia after the revolution of 1917 was so significant that an extremely bitter thought was placed in the minds of a large number of emigrants: historical Russia had perished; it no longer existed and (at least in the foreseeable future) would not exist anymore; everything that remained of it was preserved only in the hearts and memories of emigrants; there was very little hope of returning, and therefore, no matter how bitter it was, we must somehow live and manage our lives abroad. At the same time, there were many children and youth among the Russian emigrants, and therefore the question of their education, interrupted as a result of dramatic events, became acute; at the same time, many of them did not want or could not simply “fit in” to the education system that existed in their host countries. Therefore, in the 1920s to the 1930s, in such centers of Russian emigration as Harbin, Paris, Berlin, Prague, Sofia, Belgrade, at least 30 Russian educational institutions were opened in the field of higher education alone. According to available estimates, about 10,000 students studied there during this period.
One of the main centers of Russian emigration of those years, without a doubt, was Prague. According to available data, the number of Russian emigrants in Czechoslovakia in those years reached a maximum of 22,100 people; among them, students alone numbered 7,000. Prague was especially attractive to Russian emigrants for several reasons. Firstly, on the ruins of the Austro-Hungarian Empire, which became one of the victims of the First World War, the Czecho-Slovak Republic arose in 1918—a Slavic state friendly to the Russian people. Secondly, the feeling of natural brotherhood between the Slavic peoples was developed and strengthened by the political line of the then President of Czechoslovakia Tomáš Masaryk and his associates, especially Prime Minister Karel Kramar and Deputy Minister of Foreign Affairs Vaclav Girsa. Thirdly, the Czech and Slovak languages are quite close to Russian and are relatively easy to learn. Fourthly, “Zlata Praha” (“Golden Prague”) was already a well-known center of culture, science and education.
Against this historical background arose that amazing phenomenon known “the Russian action” of the Czechoslovak government, which was decided by the Presidium of the Council of Ministers of the Czechoslovak Republic on July 28, 1921. It was a large-scale program of assistance to refugees and forced migrants from Russia, which concerned not only education. This program provided, in fact, all-round support to Russian immigrants, including material assistance to the needy, free medical care for the elderly, the disabled and incapacitated, as well as the opportunity to complete education for students, allocation of funds for the development of science and culture. It is interesting that assistance was also provided (in case of application) to those Russian cultural figures who lived outside Czecho-Slovakia. Thus, for example, such famous figures of Russian culture as Ivan Bunin, Marina Tsvetaeva, Aleksey Remizov, Konstantin Balmont, Aleksandr Kuprin, Ivan Shmelyov and others received assistance from Czechoslovakia.
This initiative was surprisingly large-scale. As a result of its implementation, Czechoslovakia spent more on assistance to Russian forced emigrants than all other European states combined. According to a number of sources, the Czechoslovak Republic spent at least 500 billion crowns on it, which amounted to about 5% of the average annual budget of the country.
Of course, the question of the reasons for such large investments is interesting. The purpose of this action, as it was formulated by Tomáš Masaryk, President of the Czechoslovak Republic, was “to gather, preserve and support the remnant of Russia’s cultural forces.” Apparently, the Czechoslovak leadership believed in a fairly rapid change of power in Russia and invested money in the preparation of what they believed to be a new Russian elite friendly to their country.
The allocated funds made it possible to establish a number of Russian educational institutions in Prague. For example, in addition to the Russian Faculty of Law, there were established the Russian People’s University, the Russian Institute of Agricultural Cooperation, the Russian Higher Pedagogical Institute named after John Amos Comenius, the Russian Institute of Commercial Knowledge, and the Russian Higher School of Railway Technicians. The complex of Russian educational institutions also included orphanages, schools and gymnasiums. There was even a Russian Automobile and Tractor School. Leo Tolstoy’s last secretary, Valentin Bulgakov, created the Russian Cultural and Historical Museum in Zbraslav. Soon after, Roman Jakobson established the Prague Linguistic Circle, which then became widely known.
Russian professors and teachers who came to Prague received a scholarship from the Czechoslovak government, as well as housing and the opportunity to engage in professional activities. Therefore, of course, it cannot be considered accidental that only Russian professors gathered in Prague, in those years, according to some sources, they numbered at least 150. It is no coincidence, of course, that in these years Prague began to be called the “Russian Athens” or the “Russian Oxford.”
All these factors made it possible to create a Russian Faculty of Law, where education would be conducted in the Russian language and according to the programs of Russian law faculties of the pre-revolutionary period. Such a faculty was established in April 1922 by the decision of the Council of Ministers of the Czech Republic (its official opening took place on May 18 of the same year). It was founded by the Russian Academic Group in the Czechoslovak Republic, which at that time was also headed by Pavel I. Novgorodtsev. It is interesting that initially, studies there were planned for the summer months, free from classes at other universities, which made it possible to attract highly qualified teachers.
Initially, the Faculty was to open in Bratislava, but then it became possible to have it open in Prague, the capital of the Czechoslovak Republic. As mentioned above, although the institution was called a faculty, it was not part of any other institution or school. The renowned Charles University in Prague merely provided classrooms and decided on a “protectorate,” i.e., a kind of trusteeship over the Russian Faculty.
The purpose of the Russian Law Faculty was to educate the younger generation of Russian emigrants in the spirit of the pre-revolutionary Russian legal understanding. It did not exist for long. In the 1926/1927 academic year there was no enrollment for the 1st course; in 1929 in the conditions of the world economic crisis the faculty stopped its educational activities, and scientific, methodological and coordination work was carried out on a reduced scale until 1944. However, the importance of its work can hardly be overestimated. About 1100 students and freelancers passed through the faculty. In some years the number of its students reached 488.
Pavel Ivanovich Novgorodtsev was the initiator, main organizer and recognized scientific leader of the Faculty. There is no doubt that during the emigrant period of Novgorodtsev’s activity the Russian Law Faculty became his favorite brainchild and his life’s work.
From the second half of 1918, Novgorodtsev was in Crimea, which was occupied by the White Guards, from where he emigrated to Europe in 1920. While in exile, Novgorodtsev initially lived and worked in Berlin. For some time, he taught at the Aachen Technical School. In 1921, together with other Russian professors, he was invited to Prague. There Novgorodtsev strove to do as much as possible, sparing no effort: he founded the Religious and Philosophical Society named after Vladimir Solovyov, he joined the Brotherhood of St. Sophia, participated in the work of philosophical and cultural societies of Russian emigration. But the greatest achievement of the emigrant period of his life was the creation of the Russian Faculty of Law in Prague in May 1922. This period is of particular interest, since it was then that the qualities of a scientist and public figure that were formed during the previous years of his scientific, pedagogical and social activities manifested themselves.
When establishing the Russian Law Faculty, Novgorodtsev put forward a number of tasks facing the newly created educational structure, namely, the study of the history of Russian law, comparison of its foundations with foreign models, education of legal thought for new creativity and creation on native Russian soil. He hoped to solve these problems together with the experienced teaching staff assembled at the faculty. Novgorodtsev managed to attract leading professors of higher schools in Moscow, Petrograd, Kiev, Kharkov, Rostov-on-Don, and Odessa. By June 30, 1922, there were thirteen professors on the staff of the RYF (N.N. Alekseev, A.A. Vilkov, P.I. Georgievsky, S.K. Gogel, D.D. Grimm, S.V. Zavadsky, M. M. Katkov, V.A. Kossinsky, A.V. Makletsov, P.I. Novgorodtsev, P.B. Struve, V.F. Totomianets, A.N. Fateev), two associate professors and three lecturers. Later the teaching corps was joined by G.V. Vernadsky, professor at the Tauride University; A.A. Kizevetter, professor at the Moscow University; I.I. Lapshin and N.O. Lossky, professors at the Petrograd University; N.S. Timashev and A.A. Chuprov, professors at the Petrograd Polytechnic Institute; E.V. Spektorsky, professor at the Kiev University; G.Y. Troshin, professor at Kazan University; and G.V. Kizevetter, professor at the Kiev University. Ya. Troshin—professor at Kazan University; A.V. Florovsky—professor at Novorossiysk University; D.N. Ivantsov—adjunct professor at the Novo-Alexandrian Institute of Agriculture in Kharkov; G.V. Florovsky—privat-docent at Novorossiysk University; A.A. Bogolepov—privat-docent at Petrograd University. Besides these, we should mention the names of A.V. Fedorovsky, S.N. Bulgakov, and others. The average age of the faculty in 1922 was 45 years. In his speech at the opening of the Russian Law Faculty P.I. Novgorodtsev noted that it was thanks to the composition of the faculty that it became possible to strengthen and deepen the historical, economic and philosophical prerequisites of legal teaching.
The first dean to head the Russian Law Faculty was deservedly Novgorodtsev. After his death, this post was held at different times by D.D. Grimm, E.V. Spektorsky, and A.A. Vilkov.
Despite the fact that the Russian Faculty of Law was primarily an educational institution, a great deal of attention was paid to scientific research. The faculty published scientific works and the research of teachers and other authors, as well as textbooks (2648 copies of textbooks were published in the first year), courses of lectures by professors of the faculty (S.K. Gogel, on criminal procedure; N.N. Alekseev, on state law; A.N. Fateev, on theory of the law; A.A. Vilkov, on financial law; S.V. Zavadsky, on civil law; P.I. Novgorodtsev, on philosophy of law, etc.).
According to the research of specialists, the faculty conducted serious scientific work on the issues of the law, economics, political history, and philosophy. Sixteen specialists were able to prepare for the title of associate professor in these areas. The faculty did a lot to improve the scientific level of teachers. The faculty also paid serious attention to the training of scientific and pedagogical staff: every year the Russian Faculty of Law had from twelve to fourteen people for “preparation for the rank of professor.” In addition, it is indicative that the faculty established a system of postgraduate education, through which at least forty people passed from 1922 to 1931. Among the “professorial scholarship holders” and applicants for the Master’s degree, nineteen people were graduates of the Faculty, and twenty-three were from other universities.
The organization of the educational process at the Russian Law Faculty was based on the system of legal education in pre-revolutionary Russia. The curriculum envisaged the study of various disciplines (twenty-three subjects in total, including the Czech language): logic, psychology, Russian history, economic geography, history of economic doctrines, political economy, statistics, history of legal philosophy, general theory of the law, state law, international law, financial law, criminal law, criminal procedure, international law, Soviet law and others. Among those listed were new disciplines introduced in order to improve the educational system, such as international law, a course on Soviet law, as well as additional courses in logic, psychology, Russian history, the history of economic doctrines and economic geography.
The Russian Faculty of Law performed a number of functions. It was actually a general emigrant center for training highly qualified specialists; in addition, the faculty played the role of a methodological center. Its developments were used by other educational institutions abroad. In this regard, the cooperation of the Russian Faculty of Law in Prague with the Harbin Faculty of Law, which used developments created at the Russian Southern Federal University for applicants preparing for Master’s tests, is well known. Within the walls of the Russian Faculty of Law they also prepared their best graduates for professorship (V.S. Vilinsky, S.L. Volkobrun, A.I. Golan, G.N. Smirnov, etc.). About 60 percent of “professorial fellows” were accepted with financial support and 40 percent without financial support.
Different categories of students studied at the faculty. Among them were: a) graduates of Russian secondary educational institutions, who due to circumstances did not enter higher educational institutions of their country; b) young people with incomplete higher education; c) persons with higher education who wanted to acquire a new specialty for further employment; d) graduates of Russian emigrant or foreign secondary educational institutions. According to the student census of 1923, no less than 75 percent of students had studied in higher educational institutions before enrolling in the Russian Faculty of Law, of which no less than 40 percent had studied at universities. The overwhelming majority of students came from “raznochin” and noble families. The students were predominantly male and rarely (0.2%) female. At the end of 1923, the average age of students was 28.5 years, and that of female students 26 years. By nationality, 95 percent of the students identified themselves as Russians.
In total, during the period of the Faculty’s work (from 1922 to 1928), 384 people received Faculty diplomas, 16 percent of them with diplomas of the first degree and 84 percent with diplomas of the second degree.
It is difficult not to agree with the thought of V.V. Ganin that “the Russian Faculty of Law was an educational institution that managed to preserve the best traditions of the Russian higher school in incredibly difficult conditions and became (albeit for a short time) the center of professional education for the entire Russians abroad.”
Please see the oroginal for full references:
Andrey G. Sytin is Associate Professor in the Department of the Philosophy of Politics and Law, Faculty of Philosophy, Lomonosov State University, Moscow.
Alexei V. Soloviev is Associate Professor in the Department of the Philosophy of Politics and Law, Faculty of Philosophy, Lomonosov State University,, Moscow.
Featured: Pavel I. Novgorodtsev, portrait, 1910. Photographer unknown.
