On February 9, 1844 in St. Petersburg in the family of a literary and theater worker and the teacher of the history of the second Cadet Corps of Fedor Alekseevich. Horses and actresses Irina Semenovna Yuryeva born the second son, Anatoly.
His father Fyodor Alekseevich. Horses (1809-1879gg) was the son of the Moscow merchant, received a pretty good education.
As a student of the Medical Faculty of Moscow University, he at the same time visited lectures on the verbal faculty, as a result of which he had a great interest in literature and especially in drama. Already then f .. Horses translated from French Drama Victor Dkontuja "Death of Kalas", which in 1830 was put on stage in the Moscow Imperial Theater. The success of the play was noticed by the director of the imperial theaters of F. Kakoshkin, whose advice prompted F.. Coni to devote yourself to dramatic literature and the study of the theory and history of art.
In 1836 f .. Koni moves from Moscow to St. Petersburg, where he holds the position of teacher history in the second Cadet Corps. Here f .. horses wrote his large work "The History of Friedrich the Great" for which, later, Ien University elevated him to the degree of Doctor of Philosophy. However, the main occupation of F. Koni was journalism. He edited and published a "literary newspaper", the magazine "Repertoire and Pantheon". They wrote the fundamental book "Russian Theater, his fate and his historians." Dipped F .. Horses were repeatedly published during the years of Soviet power.
Mother Anatoly Fedorovich. Koni Irina Semenovna Yurieva, on stage Sandunova (1811-1891), - Actress and writer - Born in the family of a landowner in Poltava province. In 1837, under the influence of his relative, known at the time of the writer A.F. Welfman, she published his collection of stories. Soon after that, she entered the imperial stage - first in Moscow, and then tie with marriage in St. Petersburg, where he performed on stage for more than 15 years, talentedly fulfilling mostly comic roles. Irina Semenovna collaborated in the "literary newspaper" and in other publications, published a number of leaders.
Ancient father a .. Koni was a famous writer, the first Russian historical novelist I.I. Marriage, he was familiar with A.S. Pushkin, who welcomed his literary activity.
In the family, where there were often the best representatives of the theater and literature of the 40-50s of the 19th century 19th century, Anatoly learned to love the artistic word and leaned the faith in art and literature. From mother and father, he inherited literary talent, a serious attitude towards the theater, love and respect for his leaders. Young. Koni met with Nekrasov, Grigorovich, Polonsky and many prominent writers of that time. Frequent guests of the family. Horses were famous artists, artists, journalists.
Father and mother A .. Horses were people full of love for enlightenment, which absorbed the idealism of the 40s of the last century.
Initial education Anatoly received in the house of parents. And the mother, and father, brought up children, demanded to them, instilled in them respect for independent work, respect for the elders. Remembering the years of childhood, A.F. Koni leads such an episode: "We lived with the Fock's Lackey. Man of huge growth. He loved me extremely and in his free minute explained to me in his own way the laws of physics and mechanics, trying to confirm his words with experiments, always, however, unsuccessful. I can not remember on what occasion it seemed to me that he offended me, and I, in the heat of anger, called him a fool. This heard a father from his office and, having come out, he punished me and calling me then Foku, ordered me to kneel in front of him and ask for forgiveness. When I fulfilled it, Fock could not stand, also fell in front of my knees, we both hugged and both sobbed on the whole house. "
Drinking by the teachings of the German philosopher of Kanta, F.A. Koni and in the upbringing of sons followed the Kantovsky rule: a person must pass four steps of education - to find a discipline; learn to behave; To become morally sustainable. All this was introduced by the young man. The main goal of the upbringing was to teach children to think.
From 1855 to 1858 Anatoly studied in a German school at the church of St. Anna on the korrchny street of St. Petersburg and received basically such estimates: "Good", "very good", "pretty good". 1856 With excellent behavior, he received 14 rewards, in 1857 - 12.
In 1858 a .. Koni goes to the fourth class of the second Petersburg gymnasium.
Initially, study in the gymnasium was with some tension and uneven, but later everything is better, and in 1859-1861. Knowledge in all subjects were rated on "excellent." By decision of the Gymnasium Council. Horses were awarded commendable evidence - "the certificates of the first dignity." In the certificates it was indicated that they were issued for "presentation of parents."
Classes in the gymnasium Anatoly combined with an in-depth study of the history of Russia, he was interested in Russian and foreign classic literatureParticipated in the publication of the handwriting magazine "Zarya". But most of all his mathematics occupied. Many gymnasisters went to him at consultation, and in the last year, studies in the gymnasium Anatoly had students in mathematics.
The director of the second Petersburg gymnasium Nikita Vlasov introduced the gymnasists with the works of the outstanding writers of Goncharova, Turgenev and others. Those who needed, N. Vlasov helped to take lessons like tutors or prepare for coming into the gymnasium.
The warmth remembers A.F. Koni teachers who had a great influence on the gymnasists, and among them the beloved teacher of History V.F. Evalda: "His kind and partly mocking attitude towards students was connected to an exciting presentation of the subject. We waited for his lesson and listened to him with a joyful feeling. "
Being a gymnasium, A. Koni visited the lecture of the famous professors of the University of St. Petersburg, greedily followed the domestic and foreign literature. "Joining youth (16-20 years) coincided for me," writes. Horses, - with the amazing bloom of Russian literature in the late 50s and early 60s. " At the beginning of his life, Anatoly Fedorovich was fascinated by the works of the older generation of Russian classics, and then for many years he was friends and often met with them.
In the gymnasium years, Anatoly was greedy at the work of I.S. Turgenev who has played according to. Horses, "an influential role in the mental and moral development of people of my generation." Up to Turgenev, the young generation in Russian cities - children of officials, merchants, people of the free profession had a vague idea of \u200b\u200bthe people, Russian peasants and the dysfunctional conditions of their lives. Turgenev is its "notes of the hunter", and after them Nekrasov, the poem "who in Russia live is good" introduced this youth with the "Sewer and Keeper" of the Russian Earth, gave the opportunity to look into his soul and evaluate that quiet light that burns in it, Understand and love it. "
It is possible to unmistakably argue that the love of Pushkin and the Russian language appeared in Anatoly Fedorovich as a result of a strong influence on the part of Turgenev and Nekrasov.
"Having dedicated to the immortal genius of Pushkin's work" The moral appearance of Pushkin ", A .. Horses already in young years realized that Pushkin was filled with a true feeling and looking for the truth, and in life, the truth is manifested primarily in sincerity in relations with people, in justice Contact them. This principle A .. Koni followed all his life. "
No less influence on Anatoly. Koni provided I.A. Goncharov. "The thought of Goncharov will tell already in the mature years a .. horses, - I associate a noble memory of the impressions of the young years in unforgettable times for Russian literature, when in the late fifties, wonderful artworks were filmed, when they appeared" Noble nest "and" On the eve "," Thousand Souls "and" Oblomov "," bitter judine "and" thunderstorm ".
According to. Koni, Goncharov, sought to portray the true nature of the Russian man, his national properties regardless of public situation.
For the years spent in the gymnasium, Anatoly has been enriched with a variety of knowledge. He began to think about his further education. Tutoring classes convinced. Horses are that his lot is mathematics.
"In May 1861, several pets of the second Petersburg gymnasium decided to leave the sixth grade of the gymnasium and enter the St. Petersburg University. More expenses, many of them went to the brilliant readings of the famous Russian historian N.I. Kostomarova and dreams have already been to university walls. " About lectures N.I. Kostomarova at Anatoly Fedorovich preserved the best memories. In 1925, in a letter to Academician S.F. Platonova he wrote: "Another gymnasium in 60 and then I went to the student of the mathematical faculty in 61, I would like to listen to his fascinating, rich in the images and quotes of the lecture, and then on the closure of the university listened to his public lectures about John IV in the hall of the city Duma ... When, already in Moscow, in 63, I read the announcement of the entrance to the light of "Severorussian abnormalities", I was liked to have this book that, despite my scarce student jet, put himself with great deprivation, so that he had joy in two months in her reading. It was an unforgettable watch; And so far, looking at it, standing in the closame in front of my desktop, I look at it, as on the faithful friend of my youth, and the Kostomarov himself will rebel to me as alive. "
In order to go to the university ahead of time, it was necessary to keep the exam as a person who received home education, in a special test commission. For seven days, it was to keep exams in all objects of the gymnasic course, choosing any days for this. The exams took the gymnasium teacher, but chaired by university professors. According to the results of the exams A.F. Koni was enrolled by a student on the mathematical faculty of purely mathematical category.
In December 1861, the University of St. Petersburg was closed for an indefinite period due to students' unrest. By this time A. Horses managed to listen not more than 20 lectures in mathematics. Mathematics independently, at home, was not easy, and. Kony began to think about the transition to another faculty. Somehow, he met his friends in his family with two lawyers who served in the department of the Ministry of the Interior. Both were distinguished by very liberal glances and were captured by the ideas of the upcoming judicial reform. This meeting deeply smelled in the soul of Anatoly and forced him to doubt the correctness of the recommendations of the Father regarding study at the Mathematics Faculty, he was increasingly inclined to leave classes in mathematics. In the notes A.F. Koni in 1912 there is such a confession: "In the gymnasium I practiced a lot of mathematics assured myself that I love her, mixing hardworking with the ability."
In connection with the closure of the St. Petersburg University, professors of legal and philological faculties were allowed to open a number of public courses through a special organizational committee. But soon they were banned. The search for legal books began. In the library of the father of such books did not turn out. In the bookstore on the foundry. Horse acquired the work of the famous Professor D.I. Meyer "Russian Civil Law. The common one.". For many years later, Anatoly Fedorovich will celebrate in his memoirs: "This book decided the fate of my further classes, and the owner of a little shop ... was the unconscious culprit what I was a lawyer."
In the summer of 1862, the Ministry of Folk Enlightenment announced that the University of St. Petersburg would not be opened in the following academic years. Do not want to waste time. Koni decided to enter another university, and the choice fell into Moscow. Lectures in public courses finally strengthened the determination of Anatoly to become a lawyer, and in August 1862 he was recorded in the number of students of the second year of the law faculty of Moscow University.
Here a .. horses went into science. The future lawyer sought to enriches a variety of knowledge. Living in Moscow, Anatoly has established contacts with literary and theatrical leaders who knew his parents well. Classes at the university helped. Horses acquire strong legal and philosophical knowledge, and personal dating with cultural figures supported living interest in various phenomena of moral, public and public life.
Moving to Moscow has given an opportunity to Anatoly to gain complete independence: he lives in a private apartment, removing the room, the father categorically prohibits sending money to expenses.
Remembering it, A.F. Koni wrote: "The desire to" stand on our own legs "and not to be obliged to anyone in the existence of the existence was quite common during my youth and was carried out by some of the extreme sequence and without any concessions. This direction captured me, and I, starting from the sixth grade of the gymnasium, began to live with his work, engaged in translations, giving lessons and persistently refusing to the modest help I could have my father. " So Anatoly Fedorovich gave the lessons of history, literature, botany, physics, anatomy and physiology to the daughters of the regular general of Shlykov, and all this did not prevent him from successfully learn. It was interested in everything: content and significance educational material, Methods of lectures, and the main-philosophical orientation of both lectures and lecturers, which were enthusiastic. Koni Professor of Moscow University.
Already after the death of A.F. Koni Academician S.F. Platonov wrote that "the influence of Chicherin on the young. Horses were a decisive moment in the creation of his spiritual warehouse, identifying the world of Anatoly Fedorovich and the principles of his behavior in service and frequent life. "
Boris Nikolayevich Chicherin remembers. Horses, "I read the extensive course of state law, which was then entered into his" State Science Course ", representing entire series of sublime pages, from which the hot and convincing sermon of humanity, justice and unconditional justice are poured.
With the same enthusiascence responded. Horses and read Chicherin at the Law Faculty of the extensive course of "History of Political Exercises". These lectures called. Horses "a kind of revelation of universal ideas", according to him, a thoroughly acquainted students "with philosophy in general in the person of its most important representatives."
Feature B.N. Checherina as a scientist. Horses believed that he steadily walked his way, having a mighty impact on young minds.
B.N. Chicherin was one of the leaders of the liberal-western wing in Russian public movement. He sharply relate to the activities of revolutionary democrats. In 1858, leaving in London for negotiations with A.I.Grenzel about the change in the direction of the magazine "Free Russian Propaganda". However, an attempt to lean Herzen to liberalism assignments ended with a complete gap between Herzen and Chicherin. This gap has become a stage in the sampling of liberalism and democracy in the Russian public thought of the second half of the nineteenth century.
As you know, Chicherin characterized the peasant reform of 1861 as "the best monument of Russian legislation", and the best form of state for Russia considered autocracy.
Many of these beliefs of their teacher Anatoly Fedorovich divided. He really treated a big sympathy to B.N. Chicherina, consisted in a friendly correspondence with him, and after his death with his wife. A.F. Koni dedicated to the memory of Chicherin the fourth publication of his "judicial speeches."
Nikita Ivanovich Krylova. Horses called "the most outstanding professor at the Legal Faculty," and the memories of him considered it the indelible. The image of Krylov he was inextricably tied up with Moscow University and with the best minutes spent his walls. It is not by chance that his first big work "Judicial speeches 1868-1888." A.F. Koni dedicated his memory. According to. Horses, students considered N.I. Krylova "Professor-poet", because He brought a bright historical color in the presentation of the Dogm of the Roman law, which gave his lectures to his lectures.
Course of civil proceedings Read K.P. The victorious is the future Ober-Prosecutor of the Holy Synod.
A.F. Koni believed that students had a clear understanding of the tasks and receptions of the true justice of the tremendous time from the lectures of the victoryossev. Could I think then, "wrote A.F. Kony, that after a quarter of a century, after that, the same victorious people, to whom I made a great sympathy from a university, as to my professor, I will talk to me with contempt" about that kitchen, in With which judicial statutes were preparing, "and, having made my influential lobler, it will be complaining that I" put a stick in the wheels of the missionary activity of the Orthodox Office to My Public Ober - Prosecutor's conclusions for religious crimes, which came to the Cassation Department. "
Professor V.S. Solovyov all-arms of theological knowledge, according to. Horses, hit the readiness and deep penetration into diverse and hard-to-reach sources of knowledge .. Koni shared the moral side of the concept of V.S.Solovyev and highly appreciated his work "justification of goodness", which, in opinion. Horses, represented a "whole and systematic presentation of its views on the maintenance and task of moral philosophy".
You can say the same about the influence on the young. Horses of such famous lawyers, like A.D. Gradovsky, V.D. SPASSIK AND DR.
Student A.F. Koni often visited literary evenings, on which Nekrasov, Dostoevsky, Pisemist, Mikov, Anukhin and more. He was an invariable member of the Society of Society of Lovers of Russian Literature, where, according to him, the whole thinking Moscow was gathered. At meetings of this society. Horses listened to Odoevsky, pusher; In the house of M.S. Shepkin, he met A. Maikov and many prominent figures of the Russian theater of the time.
Back in the student years Anatoly Fedorovich. Koni begins to carefully study the works of the German philosopher Immanuel Kant: "Criticizing the practical mind" and more .. "in adulthood. Horses repeatedly refers to the philosophical concepts of Kant, finding the "rollers of a powerful thought" "in all later exercises about the manifestations of the human spirit" .. horses impressed the resulting from the sublime and deep teachings of Kant "" Fair attitude to a person, expressing in conscious and impartial supply In his place in this case. " There is no doubt that the high assessment of Kant, this, according to. Koni, "Peter the Great Newest Philosophy", is due to the fact that the main category of ethics of Cant-"Categorical imperative" serves as a peculiar substantiation of equality in the field of morality, and the denial of the assessment of the moral advantages of a person in his practical affairs speaks of a deviation of the nodokottarian understanding of morality, calculating practicalism and trading spirit of the bourgeois society. "
On the formation of the worldview of the lawyer, who used to both the philosophical knowledge, the works of positivists also had a wide dissemination in Russia in 1860-18,09. "Following the positiveness" Solver Dumu, ", according to A.F. Koni, - made a pessimistic philosophy of Schopenhauer and then Gartman. "
In the student years, Anatoly Fedorovich communicated with students and teachers not only in the walls of the University of Audience. So from the former St. Petersburg students who moved to Moscow, a friendly circle formed, consisting mainly of the listeners of the Faculty of Philosophy. A member of this circle, was in particular, a student of the historical faculty of Moscow University V.O. Klechevsky, who soon won the respect of his comrades. The disputes mostly conducted around certain historical phenomena in relation to Russian reality. But it was the only circle in which she took part of the horses. Of course, this circle, of course, did not put this circle, and nevertheless participation in it had an impact on the formation of the worldview A.F. Koni.
The socio-political situation in Russia, of course, could not impose his imprint on the consciousness of a young man. University of Anatoly coincided with the series of Alexander II reforms. As a result of the peasant reform of 1861, more than 22 million landlord peasants were liberated, but the reform retained a major land tenure and a number of other attributes of serfdom. The peasantry responded to her with numerous unrest. In 1864, Zemskaya and judicial reforms were announced, 1860-1870. Military reforms were carried out. All this was the movement towards the transformation of the feudal monarchy into the bourgeois monarchy. More favorable conditions were created for the development of capitalist relations and in industry, and in agriculture.
The aspirations and interests of the peasants expressed a revolutionary-democratic direction in the public movement of Russia, represented by the allocating. In general, the progressive role was played by student. It was not one for social composition, nor in political views, but was opposed to the government. The anti-government movement of students in the Moscow and St. Petersburg universities has acquired a lot of scope. In the student environment, all great sympathies conquered the activity of Russian revolutionaries of the Democrats: Chernyshevsky, Ogarova, Dobrolyubov, and others. In Russia, an underground revolutionary movement was born.
The witness of all this was a student of the law faculty of Moscow University Anatoly. Horses, about which many years later, his contemporary and colleague on science and literature Academician S.F. Platonov will say: "Born in 1844 Anatoly Fedorovich became young men by 1860 and it was in the era of this ripe as a person with a known character under the influence of the entire set of domestic conditions of that time, in the circle of those thoughts and feelings that the ideological life of those years were sent ... Soft, but stable and very determined in your tastes and views, impressionable and susceptible, hardworking and prone to systematization of their knowledge,. Horses and in his youth was distinguished by the breadth of mental interests and the subtlety of the understanding of people and their relationship, which he proved the brilliant characteristics of his professors, colleagues on the judicial agency and many writers. But he was the fact that he was called an individualist, and it was not suitable for any circle catechism, nor for herd speeches in the composition of crowded crowd. In such an individual, he remained all his life and constantly kept singing, regardless of all sorts of public and political groups. Such was nature. Horses She turned into a bright and beautiful character under the influence, firstly, the environment in which he was brought up, and secondly, the epoch in which he began his life path. "
"The Son of Man of the 40s Anatoly Fedorovich became a man of the 60s, which, according to him," entered into themselves universal renewing force, "and this attracted his attention. Manifesto 1861 on the liberation of peasants and the reforms that followed him in other areas of life, in particular the judicial reform of 1864, carried away the young lawyer. He perceived the great principles of law, justice and freedom, which were penetrated by the lectures of his favorite teachers, but he did not interfere in public, not always a legal struggle and focused his energy and ability to implement the new legality and high principles of humanism in its official activity. In the reforms of Alexander II, he saw the "renewing force" of public transformations. They were so fascinated him that they became the central highway on his life path. "
At the beginning of your office way. Koni had secretarial positions in the judicial chambers of St. Petersburg and Moscow. He quickly mastered his duties, they felt clearly and on the recommendation of the then prosecutor of the Moscow Judicial Chamber D.A. Rovinsky at the end of 1867 was appointed a comrade of the prosecutor of the Moscow judicial district. His appointment in Kharkov coincided with the period of abolition of the old court and carrying out the judicial reform of 1864 among the new colleagues, was his university friend S.F.Moroshkin, who also served as a comrade of the prosecutor. With the family of Moroshkina Anatoly Fedorovich was very friendly, especially with his sister's hope.
Kharkov began kipping activities. Horses on the implementation of ideas and the provisions of judicial reform. He studied the days and night criminal proceedings, revealed crimes, prepared accusing speeches, instructed and sent the work of the jury, requiring the strict and accurate execution of laws. He set business contacts with prominent scientists from the field of forensic medicine and used their knowledge, experience in the disclosure of complex and confusing criminal cases. "The new activity completely dragged me into our subsoil and made her devoted to her all her strength and time," he writes in March 1868. - It is worth visiting the deaf vouchers ... worth looking for the mass of ignorance and rude ... to understand how much benefit can be brought by a conscientious figure and fectures of a lawyer in his work in these outfits ... I have ... I have a job in 4 volumes by 2200 sheets, with 14 accused and 153 witnesses (the case of fake and sell recruitment receipts, the case is vigilant Thus, the vigilant consequences that it had for 26 people with the foolish people of deceived men). " The requirement of a 23-year-old comrade of the prosecutor to accurately fulfill the laws, rightly to apply them soon attracted the attention of colleagues and the public. The nickname "Fierce Prosecutor" was gained behind him, and regret he was heard in the court halls, why he is not a lawyer.
Soon upon arrival in Kharkov A.F. Horses received an instruction to lead the investigation in the case of a fake series (in the first half of the 60s in the south of Russia, a large number of fake series of fake securities appeared). The investigation of this case began 1865 by a special commission, but with the help of bribes and other tricks was suspended and resumed on behalf of the State Council already new judicial institutions. Heading the leadership of the investigation, A.F. Horses acted as skillfully and vigorously that criminals were found and convicted.
One of the first cases by which A.F. Koni spoke as a prosecutor in Kharkov, there was a matter of applying to the provincial secretary of Doroshenko, Seven Severin's beatings who caused the death of the latter. The murder of Severin occurred on the eve of the introduction of the judicial reform of 1864. Using his official position, Doroshenko achieved the fact that the criminal case was immediately initiated. However, various guesses and assumptions were expressed about the incident, articles in newspapers appeared. On the complaint of the widow of Severin in 1868, a criminal case was initiated. His investigation was led. Horses, he also supported the court. Brave arousal of the case, hard upholding. The horses of their own conclusions (despite the unfavorable situation created in connection with this case with certain circles in Kharkov) talked about its principled position, a sequence of beliefs and actions. The jury members recognized Doroshenko guilty.
Stressful work in Kharkov and previous years of study and tutoring have affected the state of health Anatoly Fedorovich. In 1868, when he was 24 years old, he had a sharp decline of strength, anemia and the throat bleeding after a long tension of the voice. On the advice of his friend Professor of forensic medicine Lamblov, recommended by rest, but rest active, A.F. Horses leaving for treatment. Remembering this episode from his life (the Council of the Professor: "New impressions are needed ... and beer!"), A. Koni recorded later: "... I remember with a grateful feeling that I remember this Council" Craid ", which is completely successful At one time followed. "
Stay abroad (three and a half months). Horses use both for treatment and to expand their horizons. September 20, 1869 in a letter from Paris S.F.Moroshkina, he gives the most detailed information about meeting the work of the work of ships in Germany, France, Belgium. He spends a large part of the time, he spends entire days in the halls of the courts of courts, meets prosecutors, lawyers, browsing literature, analyzes the trends in the development of judicial practice in criminal matters. A thorough study of all the subtleties of the activities of the Foreign Court, of course, expanded and deepened the special knowledge of the young Russian lawyer, gave the opportunity to compare the judicial systems. But in the same letter to Moroshkina, he confessed: "To appreciate Russia in many respects, you need to live abroad, away from it." At that time. Horses are already thinking about the transition from prosecutor's work to judicial. He does not leave the idea of \u200b\u200bcooperation with the departments of the university, on participation in educational and scientific activity. During his stay in Kalsbaden on treatment. Koni meets the Minister of Justice of the Russian Empire Count K.I. Palenom. They are often talking about the affairs of the Kharkov judicial district. It turns out that it was assumed to send. Horses to work in Kharkov only during the organization of the activities of new judicial institutions. Before leaving to Russia, Palen asked only one thing - to return to the Minister of Justice Healthy.
Subsequently, it turns out that. Horses produced a good impression on Palin and actively promoted him at the official staircase until the position of the chairman of the St. Petersburg judicial district. On the recommendation of Palen. Koni charges the chairmanship in the case of faith Zasulich. An exclusive sentence in this case elevated. Horses - a fighter for justice justice - and led to the resignation of Count Palon from the post of Minister of Justice.
A little more than two years A.F. Horses worked in Kharkov, but left about himself the best memories, and himself somehow affected the city and colleagues. In subsequent years, he will be a frequent guest of the Kharkiv, and after 20, the Council of the Kharkov University will appropriate to him the degree of criminal law on the aggregate of his work, without protection.
At the beginning of 1870, A.F. Koni is appointed by the comrade of the prosecutor of the capital district court, but it works here only six months and receives a direction first to the position of the Samara Province Prosecutor, and then the prosecutor of the Kazan District Court in order to create new judicial institutions stipulated by reform 1864 . So, at the age of 26, he had a responsible and independent work. The Minister of Justice continues to follow the activities of a talented lawyer who justified his hopes for the court reform in Kharkov and Kazan, and in May 1871 appoints it by the prosecutor of the St. Petersburg District Court. In this capacity, Anatoly Fedorovich works more than four years. He is completely given to his beloved cause, skillfully leads the investigation of complex, confusing criminal cases, acts as a prosecutor for the largest business. Impairing speeches. Horses are published in newspapers, and his name becomes a well-known widespread Russian public. He often supports the accusation of cases in which such celebrity of the time, as VD Spasovich, K.K.Arsenyev, A.M. Unkovsky et al.
Being a prosecutor by post,. Horses remained a defender of fair justice. "Lost my prosecutor of the District Court in St. Petersburg, I had to sometimes go out of the formal framework of my activities and in some cases it is not to hurry with the initiation of criminal prosecution, and in others, on the contrary, to warn about the possibility of such persecution to make it subsequently not necessary. In the first cases, the complainant had to give time to catch up and allow to speak to himself good and conciliatory feelings; Secondly, eliminate, without trial, the cause of the complaint. " That was the approach of the prosecutor. Horses to solving numerous affairs of the metropolitan judicial district.
Through the chamber of the prosecutor of the St. Petersburg court, hundreds of criminal cases, in which so convex reflected the life of the then ruling nobility. What was worth it, for example, the so-called "Dark business"! Family of a major official K., who consisted of parents, two daughters, wonderful beauties, and Zabuldygi - Brother, met a rich banker, which among St. Petersburg depressants heard a special amateur and a connoisseur of young virgins, for the right of possessing the old and ugly merchant paid big money. "The honorary family tried to" substitute "to him as a virgin the older daughter, hiding that she was married, but she did not live with her husband. To avoid the scandal, the family decided to sacrifice the rich younger daughter. Having learned about this, an unfortunate girl who had just passed 19 years old, committed suicide. Family K. in every way tried to hide it from the police. Before death, the girl came into consciousness and could help a consequence, but, except for the doctor of medicine, a teacher of the Medical and Surgical Academy, a familiar senior sister, who performed the functions of the intermediary and taken to the Lap in the same Medic, there was no one. The doctor categorically refused to help the investigation, because he himself was bribed. The case was discontinued, despite the big efforts A.F. Horses
During this period. Horse finally make up a look at how the prosecutor should be charged and how the prosecutor should be: ".... calm, the lack of personal bite against the defendant, the tidiness of the accusations, alien to the excitement of passions, and distortion of the case data, and .. . What is very important, the complete lack of a hypocrite in his voice, in a gesture and in the way to keep yourself in court. To this, it is necessary to add the simplicity of the language, free, in most cases from the stripping or from the loud and "miserable" words. " Word, according to. Horses, one of the greatest man guns. Secretually in itself, it becomes powerful and irresistible, being said skillfully, sincerely and on time. It is able to entail the speaking and blinding him around his brilliance. "... the moral debt of the judicial speaker, - continues A.F. Horses, - to handle carefully and moderately with this weapon and do your word only the rug of deep conviction, not leaving the temptation of the beautiful form or the visible logic of its buildings and not worrying about the ways to captivate someone's speech. He must not forget the Council of Faust Wagneru: "To speak with conviction, words and influence on the listeners will come by themselves." "
And further: "... The prosecutor is invited to say his word, even in denial of the circumstances, seemed to led the court to the defendant, and in assessing and weighing evidence, it is not constrained by the objectives of the accusation. In other words ... He talking publicly to the judge. "(13.)
Summarizing his many years of practice as a judiciary, Anatoly Fedorovich comes to the conclusion that the protection of society from violators of the law lies in the state, and the practical service of this important task in the court competition falls to the prosecutor of the prosecutor. Special tact and excerpt requires the attitude of the prosecutor to the enemy in the person of a lawyer. Prosecutor, believes. Horses, it does not adhere to forget that the protection has one common goal with him - to assist from different points of view the court in finding out the truth by the human resources and conscientious execution of this duty. These principles are penetrated by numerous accusatory speeches of Anatoly Fedorovich, all his actions as the district prosecutor who carried out the leadership of the investigation. It was true and at the same time the human-loving guard of the law.
Anatoly Fedorovich Koni is an outstanding judiciary, a lawyer, a scholar, a brilliant speaker, a talented memorarist writer, one of the educational people of their time. Articles of horses on rights and judicial speeches without exaggeration can be attributed to the highest achievements of Russian legal thought. His name was widely known and revered by the public. Horses always advocated strict adherence to laws and fair justice, skillfully managed the investigation of complex criminal cases, performed by the prosecutor for especially large affairs. In 1878, the jury chaired by Koni justified faith Zasulich, despite the demand of the authorities to achieve an indictment. Along with the judicial activity, A.F. Koni is known as the writer and the memoirist - he was close to many Russian writers and left the most interesting memories about them. The collection includes indictments and judicial speeches, memories of writers and judiciary.
On our site you can download the book "Impairing and judicial speech" Koni Anatoly Fedorovich for free and without registration in FB2, RTF, EPUB, PDF, TXT format, read the book online or buy a book in the online store.
The negative sema "lack of sounds" is neutralized to the lead in the components expressing the semantics of sound, one of them violates silence (the voice rolled in silence), others are included in it (silence and affectionate watering of water). One of the LSV "Quiet" directly indicates the sound (quiet music). Other single words are also connected to this semantic. The verb "Eye away" is used by the author when describing both external and inner world Hero. Also, the mental state of Peter is transmitted in other words with the root -tih (w) -. There is a verbal form (sacrament) "Trying", it is present, it is not in the dictionary; The prefix at-indicates the incompleteness of the action, i.e. The reflection of incomplete silence, which also emphasizes the main motif of the work of the "blind musician" - "sounding silence".
List of references
1. Korolenko V. Blind Musician. - M., 1999.
2. Krasovskaya N. A. Artistic and fine properties of sounds in poetic speech: Author. dis. ... Cand. Philol. science - Novgorod, 1998.
3. Sulimenko N. E. Text word in the presentation of the sound picture of the world // Functional semantics of the word. - Sverdlovsk, 1992. - P. 3-23.
S. A. Kotelnikova
The ability to "firmly rule the word": judicial speeches of the Russian lawyer A. F. Koni
The article discusses the techniques and style of oratory creativity A. F. Koni on the example of judicial speeches, the moral and ethical aspects of the lawyer's activities.
Keywords: A. F. Koni, oratory style, judicial speech.
The famous Russian lawyer Anatoly Fedorovich Koni (18441927) left a big heritage, which today has an outstanding importance for the history of Russian proceedings in general, for prosecutor's and lawyer practice, but also presents a significant literary and linguistic value. All of them created unite the firm moral position of the author, an exacerbated interest in the problems of conscience, the idea of \u200b\u200bthe implementation of the "conscientious" court based on the law and the justice of the "conscientious" court. According to A. F. Koni, the right and morality are not opposite concepts, but related,
having a common source - the moral ideals of the Russian people, providing a reasonable development of society, where the judge must be a servant, but not a fierce justice.
The judicial reform of 1864 established Russian criminal proceedings on new procedural principles: a perception, publicity, adversarity, equality of the parties in the process. The natural consequence of such innovations was the emergence of judicial speakers who skided masterfully to own the word. In their circle, then P. A. Aleksandrov, M. F. Vomotsky,
S. A. Andreevsky, K. K. Arsenyev, N. P. Karabchevsky, F. N. Plevako and others.
In the history of Russian litigation, Anatoly Fedorovich Koni, who had the most direct relation to the public, state-political and cultural life, pre-revolutionary, and partly and Soviet Russia, occupies a special place.
"Right Knight", A. F. Koni passionately and successfully engaged in scientific legal and judicial-prosecutor's activities: was the chairman of the civilian department of the St. Petersburg court, the Ober-Prosecutor of the Cassation Department of the Senate, and also occupied other significant positions in judicial institutions. For exceptional merits in this area in 1890, Kharkiv University assigned a doctor of criminal law to him, and in ten years he was elected an academician on the category of the elegant literature of the Imperial Academy of Sciences.
Special attention deserves judicial speeches of the famous lawyer. They are distinguished by flawless logic, carefully selected and convincingly built arguments, a subtle psychological analysis of the personality and behavior of the defendant, objective, deep and detailed consideration of the evidence base. The techniques and style of his oratory creativity can be demonstrated by the example of several judicial speeches.
In many articles and public speeches, A. F. Koni followed the conviction that the trial, the debate of the parties should serve the goals of moral education of society, a kind of school of public morality. "All the main techniques of staging," he wrote, - should have been subjected<...> Critical revision from the point of view of moral permitting them. Meril of this permitting could be the consideration that the goal cannot justify the means and that the high goals of justice<...> Must be achieved only by moral means.<...>
We should not forget that the court should not forget that the court has a school for peoples, from which, in addition to respect for the law, the lessons of serving the truth and respect for human dignity should be carried out. "
A. F. Koni clearly formulated the requirements for the judicial speech. Mr. of them - Education, and not only a legal entity, but general cultural: a real lawyer has a general humanitarian education in front of a special. The true professional should know the domestic and world history, art, literature - only then he will not remain in his field only "statist" (connoisseurs of legislative articles), the performer of the letter of the law, then he will not miss the highest subject of justice - a person, concern about which, as And about the fair decision of his fate, there is the most important goal of legal proceedings.
Judicial speakers are obliged to unconditionally observe three conditions: first, to know the subject of speech in detail, with all positive and negative moments; Secondly, perfectly know the native language and skillfully use all its means, involving in speech and necessary literary material; Thirdly, avoid lies, since it is true, outlined at genuine sincerity, distinguishes a convincing claiming speech.
Public speech traditionally uses special-supporters, helping to build a system of rational elements in the defense of the elected theses. The most often attracted psychological arguments, affecting the emotions of listeners, facilitating the perception of the main content of judicial speech. A. F. Koni has always used these funds not formally, but creatively, sometimes artistically. Here, for example, the beginning of the judicial speech "In the case of the drowning of the peasantry of Emelyanova her husband": "Lords judges, gentlemen jurors! Your consideration is subject to the most diverse in its internal situation of the case, it is often common between them, where testimony is breathing in such common sense, they are imbued with such sincerity and truthfulness and often differ in such a formation that the task of the judiciary becomes very easy.<.. .> But there are other kinds of business, where testimony has a completely different nature, where they are shot, unclear, foggy, where witnesses are about a lot of silent, much is afraid to say, which is an example of evasive deficientness and far from full sincerity. I'm not mistaken
wheat, saying that this business belongs to the last category. "
In the same case, as in many others, a lawyer masterfully uses a psychological argument to the personality of a suspect affecting its moral qualities, mental properties. From the position of logic, such arguments are correct and invulnerable, with psychological - unexpected and very effective. This is how A. F. Koni traces the life of a suspected husband of a murdered peasant. "Years 16, he comes to Petersburg and becomes a bunch in the numbers, so-called" family "baths.<...> Tools for life are not mined not heavy and honest labor, but by what he pleases visitors.<...> This is what his position in terms of labor! Let's look at it from the point of view of debt and conscience. Can she develop a self-control in man, to create an obstacles internal and moral? No<...> Take a look at the personal nature of the defendant<.> Solid, decisive, bold. Egor does not live with his comrades, no day, so as not to quarrel, the man of "naughty", restless, does not like to lower anyone. "
As you can see, having passed all the steps of a prosecutor's and judicial hierarchy for a long life, the Koni-Lawyer remained objective and highly humane, subtle and skillful analyst of evidence, a psychologist - an expert on the movements of the human soul, able to give the correct assessment of acts and characters. If it was necessary to make a critical judgment of negative phenomena with social importance, harsh notes sounded in the tone of speech. Then he did not avoid decisive expressions and harsh definitions, as it happened at the court hearing in the case of the Zemsky Chief of the Kharkov Candidate of the National Rights of V. Protopopova, accused of crimes asked. "We have seen how often the anger has darkened a common mind of the defendant, we are familiar with the characteristic ways of expressing their philanthropy to them, we know how to develop about the post he has paid for his power to<.> He cannot, without fear of causing further harm to the case entrusted to him, remain a sailor on the state service ship. "
A. F. Koni very critical referred to many ordinary in the then judicial practice techniques for the construction of speech and ways to reflect controversy. So, the famous pre-revolutionary lawyer
S. A. Andreevsky advised novice lawyers not so much to take care of the analysis of evidence, how many studies
to give the mental state of the defendant when committing a crime. And at the same time - to rip the opposite side in the shreds, not too worrying about the quality of its own constructions. Such recommendations of Horse resolutely rejected, repeatedly emphasizing that there are no illegal actions of excuses, as there is no excuse and commodity formula: all means are good in the fight.
In this regard, it is useful to remember another requirement of A. F. Koni: the prosecutor in court should be an impartial and calm researcher of the defendant guilty, not limited to the extraction of only increasing circumstances, not exaggerating the values \u200b\u200bof the evidence of guilt. Therefore, it is possible to make an exclusive sentence to persons who committed crimes in which there were no specific victims. With such a situation, the judicial speech of the horses "in the case of Stanislav and Emilean Yansenakh, accused of importing fake credit tickets, and the Hermeal of Akar, accused of publishing and handling such tickets": "I have already explained the property of the fake of pieces of paper consisting in Absence of obviously victims in court. We could require the drive and those workers who worked on the railway, where Zhue laid the sleepers and distributed fake pieces. But you probably will not require this drive in order to solve this case.<...> We must give a place and justice, which is expressed in justice. "
K. I. Chukovsky, who personally knew horses, in the preface to the 8th of that meeting of the writings of the latter, recalls that an outstanding lawyer "turned out to be an artistic nature with the temperament of a large artist. If he was not a judge, a prosecutor, a famous speaker, he could be an outstanding actor or a hotel-tale-teller -taka, he had an appetite for various household episodes, grated right from life, and the artistic image of all sorts of characters, persons, situations. " Of course, the court became his genuine passion, a vocation where he almost always achieved success in the struggle for justice and the truth. But Horse helped on this severe field and its congenital literary talent. No wonder the contemporaries of the lawyer often called his judicial speeches with detailed novels, where thoughts, feelings and acts of the defendant are thoroughly presented. Not only legal accuracy and style perfection are considered features of the official speeches of Koni, but even painting is sometimes painful - he skillfully subordinate to the tasks of justice.
We give a fragment of the speech "In the case of a false prophene in the marriage of the spouses of the spouses" 6 "... the thought of divorce appeared at Z - for a long time ago.<.> Mr. Z - H long sipped his wife and, who had long been throwing her almost to the mercy of fate and loved, apparently, another, looking for a divorce. But the wife did not agree to divorce. She was not easy to succumb to her husband's requests. She, who brought her husband a huge dowry, had the courage to demand that he gave her tools, had a desire to be secure and in old age to have a piece of bread. These unlimited desires prevented the divorce. And here in such an indefinite state of the case, Mr. Z - N comes to St. Petersburg. " .
For A. F. Koni, "Virtuoso Virtue" (A. I. Urusov) The Center for Interest is a human personality with a variety of mental properties, fate, actions. His texts are overwhelmed by curious figures of peasants, generals, blackmail, landlords, squanders, states - each of their own character, their customs and habits. But the author of the judicial speeches and the people attacked the dedicated guards of the law, the noble belt, to whom he himself, who appreciates the fighting burdens, militancy, willingness to defend his point of view. His favorite verbs - rebelled, fought, fought, told, defended. And A. F. Koni himself led a lot of fighting, protecting the right court of dictate of the supreme power. It is possible to recall the acquittal verdict of the revolutionary faith of Zaroshin, shooting in the St. Petersburg city history General Trepova, known for its cruelty. A. F. Koni presided over this process, where the jury was justified by the revolutionary, although the Minister of Justice Palen demanded from the chairman of the St. Petersburg District Court A. F. Koni to submit an indictment V. Zasulich. After this process, the horses were in disrepair from Alexander II and the government, but, providing such consequences, he showed the hardness of legal beliefs, the independence of the professional and civil position.
During its more than half a century, an outstanding lawyer invariably defended the democratic principles of the criminal process: publicity, a perception, immediacy in
the attitude to the subject of proceedings, a free evaluation of evidence, compulsory adversary, since both parties are being created in the court competition, the previous arguments are created, expected points of view and on the application of the law of the law, and the personality of the defendant appear. "Glasnost and a permanent introduced a start to judicial proceedings
th perception of material for judgment. They stirred and ran<.. .> That papers, reports, protocols, projects, resolutions, under which a living person was buried, who became only a man. He got up because of this journey of written work, heeding his personal paints, and appeared before the judge with his actual accusers and witness intercessors. "
The courage of the horses extended and on the maneru of the presentation of the texts of the indictment and final speeches. He categorically denied pre-compiled business texts, their almost mechanical announcement in the judicial debate. Such an order, by his experience, undermined the impression of speeches, weakened the direct perception of the case by the participants of the process. "An absolute word is always fruitful written: it lives the listening and speaking." The identity of the judge became a central figure in the trial, and his problem of personal belief was especially interested. The expertise of the story of the proceedings traces how freedom of personal belief of the ancient judge is replaced by the bias of the personal belief of the judge of the feudal era, because in the criminal process of that time there is no defense and there is no heavyness, writing and stationery mystery. During the rule of the system of formal evidence, the dependence of the personal convictions of the judge from a number of offarchum is noted. The judicial reform of 1864 was associated with the judicial reform to the freedom of personal beliefs of the judge, who would send all the efforts to find the truth in the case, would follow the motto "I can't otherwise", and not "I want so."
So, A. F. Koni, with a full basis, is considered the prisoner of judicial ethics in Russia, the prominent place of the moral aspects of justice. His multi-faceted experience convinced that next to the sophistication of technology in criminal proceedings, a decent place will take "true and widespread humans, remote from the depersonal, from the lighted professional techniques, from inertia, an existence in protecting public law enforcement. The center of gravity will move from the course of the process to the ethical and socio-legal activities of the judge in all its diversity. "
In this case, the meaning of the spectrian "solid" word, oratory of art. "The Word is one of the greatest guns. Clemented in itself - it becomes powerful and irresistible, said skillfully, sincerely and on time. It can pass the speaking and dazzling him and those around him
skom. Therefore, the moral duty of the judicial speaker is to handle carefully and moderately with this weapon and make your own word only by a deep conviction, without leaving the temptation of the beautiful form or the visible logic of its buildings and not worrying about the ways to captivate someone's speech. "
These considerations did not lose relevance and in our time.
List of references
1. Koni A. F. Collected Works: In 8 tons. - M. 1967.
2. A brief summary of the course of criminal proceedings, read by students of the I-class of the Imperial Aleksandrovsky lyceum by Dr. Criminal Law A. F. Koni. - St. Petersburg., 1907.
E. B. Kotleva
Trends in learning speech etiquette
The article discusses modern trends in the study of speech etiquette, analyzes the work of the last decade from the point of view of research approaches to the studied phenomena, there are ways to further develop a question.
Keywords: speech etiquette, speech etiquette formulas, speech behavior, research directions of etiquette formulas.
The study of the units of speech etiquette is particularly relevant at the moment, since lately There is an active process of changing the Russian language as a whole and national speech etiquette in particular. Linguistics of the past decades, more and more attention pays for the study of the human factor, since the subjective picture of the world, corresponding to the consciousness and mentality of the individual, finds its reflection in the language. The language has an impact on the formation of a person, in this regard, they received the "second breath" of the idea of \u200b\u200bstudying the language painting of the world. Currently, the relationship between language and culture is rethought, special attention is paid to researchers to reflect in the language of the peculiarities of mentality, identifying the national-cultural component of semantics.
Speech etiquette is an indicative element of any national culture. In modern Russian philology, the study of situational variation of speech behavior and influencing
A.F. Koni - the era of Russian culture.
Studying the biography of the greatest Russian lawyer Anatoly Fedorovich Koni is impossible not to be surprised by the comprehensiveness of his education, the breadth of the views, the depth of his worldview. His books can serve not only the guide to the criminal proceedor of the last century, according to its moral principle, but in general throughout the culture of the late XIX century. His correspondence is not inferior to "Selected places from correspondence with friends" N.V. Gogol, and his biographical notes about F.M. Dostoevsky, L.N. Thick and other great leaders of that era can qualify for the title of masterpieces of life position. According to her creativity A.F. Horses approach Herodota, father of history, which described not so much the actual events of the life of contemporaries (we can learn from the documents), as many people talking about in his time. This, as well as a special accuracy in the descriptions (acquired, apparently, in connection with the work of the judicial investigator) and the works of Koni are valuable for us. But his books are relevant and from the point of view of practice - after all, many of the provisions of the criminal process introduced into life in life during the work of Anatoly Fedorovich, they were used and studied. This experience is priceless for us. It is especially important for Petersburgers that almost all life horses were associated with our city. Here he worked, lived, here and died on the current street of Mayakovsky.
Personality A.F. Horses
Anatoly Fedorovich Koni was born on January 28, 1844 in St. Petersburg in the family of Fyodor Alekseevich Koni, the famous Watervilist and the editor of Pantheon magazine. Wife F.A. Koni - Irina Semenovna Koni, nee CN. Yurieva, famous on the scene under the name Sandunova, was an outstanding person who combined the widest dating. She was a writer and actress. On April 14, 1860, together with her husband, she participated in the historical presentation of the "auditor" in favor of the literary fund, which united as performers F.M. Dostoevsky (Epolemaster), A.F. Pisemen (Gingerbing) and other famous cultural figures of the 60s. According to the testimony of contemporaries and the very Anatoly Fedorovich, Irina Semenovna had a great influence on him. Religious and kind woman who preserved a gentle and caring attachment to his son to the end of his days, she instilled his early passion for reading. At 8 years old, Koni has already read a lot, he had a great impression of "Viy" Gogol and Tarantas V.A. Sologuba. Horses forever retained bright memories of his childhood, and about meetings with his godfather I.I. Lazhchchnikov and A.F. Welfman, cousin Irina Semenovna, director of the Moscow Armory and Writer, told in his essay "from the student years."
The Son of the Writers' family was not going to go in the footsteps of their parents and entered the Mathematical Faculty of St. Petersburg Imperial University. But in view of student disorders, he was forced to move to Moscow and to enroll at the Faculty of Faculty of Moscow University, who successfully completed the degree of candidate of rights in the evening of 1865. Already in his first serious scientific work He raised a topical and poorly studied question about the limits of the necessary self-defense, which was noticed in scientific circles, and he was asked to take a place at the Department of Criminal Law and the Moscow University process. But Anatoly Fedorovich firmly chose a different path to himself - the way of direct service to people and ideals of justice and morality. He all dedicated himself to judicial activities. For his life, Koni passed all the steps of the prosecutor's and judicial hierarchy. It can be said about him that it was a truly man "who made himself" who did not use any connections or protection in power, a person with independent judgments, with solid moral implications. All that Anatoly Fedorovich has achieved, was achieved by his personal labor, an extraordinary talent of a speaker, mind and high morality.
A.F. Horses have always been a preacher of morality in the lawsuit, so far its words about the requirements for the personal qualities of the judiciary are relevant to Nothing the mind, and talent, and the external, alleged utility of his work! .. Always in his soul should sound the wonderful expression of Brahmins Tat Twam ASI! "This is also ..." Anatoly Fedorovich not only called for this, but also consistently showed a personal example of inconsistency, integrity and principle. The case with Gulak-Artyomovskaya is strikingly proves the vitality and correctness of his principles. In defense, Ms. Gulak-Artemovskaya, a wealthy widow, which made a lot of efforts to the device for the device of her fate. Anatoly Fedorovich, while at that time a prosecutor helped the prosecutor in St. Petersburg, but this disinterested help was a reason for the attempts of Gulak-Artyomovskaya to establish personal relationships with him in order to solve his own tasks, as it was expressed, "deals." She invited horses to him, calling the names of titled persons, and when the evasive refusal was followed, he insistently asked to give her at least his photo or a business card to "tell friends that you were and did not find me at home." The horses answered very characteristic: "Why promote such a deception?" And categorically refused to the annoying lady. It would seem that a minor incident, but subsequently it turned out that this thus this fraud was misleading its customers, showing them business Cards High Species in the proof of its influence, and then used their confidence to get money. So the steady follow of moral principles in everything, even in everyday trifles, left the name of the district court's prosecutor, which cannot be said about certain high officials who were victims of deception.
All Life A.F. Horses distinguished high inner culture inherited from parents and their environments. He was not only a very valid man, but also beautiful, an interesting writer, interlocutor, other of many great people of their time. He managed to get along with those people with whom everyone was in a quarrel. For example, he was a friend of Goncharov, who, at the end of his life, acquired, as they say, irresistible character and especially hated Turgenev. When Anatoly Fedorovich came to inform him about the death of a great writer, Goncharov, who always suspected Turgenev in tricks, turned away and muttered incredulously: "pretending!" Where else can you find such memories, like A.F. Horses?
"Not personal happiness should be a task that are not distant goal of world development and not successful in the struggle for the existence, sacrificing a separate personality, and the happiness of the near and its own moral perfection," wrote Anatoly Fedorovich in his most famous work "Moral beginnings in criminal proceedings " Koni himself always adequately carried a high rank of lawyer and man.
He died on September 17, 1927 on Nadezhdinskaya Street (former Six Six), now Mayakovsky Street for 83 years of life, surrounded by glory, universal respect and recognition. Currently on the house in which he lived a memorial plaque.
In one of his stories, Anatoly Fedorovich wrote about Dr. Fyodor Petrovich Gaaz, now, unfortunately, undeservedly forgotten man, saving a lot of souls with its tireless activities in the Moscow forwarding prison. It can be said that the motto of the Doctor Gaaz - "Hurry to do good!" Was and life motto A.F. Horses that he jested through his whole life.
A.F. Koni - the greatest Russian lawyer.
Career Anatoly Fedorovich Koni as a lawyer had almost accidentally - he was preparing to learn to mathematics. But life led him to jurisprudence, fortunately for Russia and for our legal science. And how many people we will not see, could tell him the human thank you for justice, for the truth and morality included in the court. After all, every sentence is not just punishment of a person, but, in the conditions of Russian reality, is a whole life. Many whether they returned after the "Vladimirki" (the stage, according to which in Siberia convicts), so vividly described horses in the work dedicated to the memory of F.P. Gaaza?
Anatoly Fedorovich began his career with the post of Assistant Secretary of the St. Petersburg Judicial Chamber in April 1866. It was the time of introducing new judicial charters of 1864, which undoubtedly be one of the greatest achievements of Russian legal thought, remaining and understood by a model of providing the competition of the trial and ensuring the activities of jury. The system created in accordance with judicial institutions required new, fresh people who could not only conduct an investigation, but also competently support him in court. Horses called such people "new wine in new fur", meaning the gospel affair about new and old fur. The challenges that stood before the judicial system of that time cannot more comply with the requirements of our time in connection with the restoration of the real competition court. Do we now hear numerous reproaches from law enforcement agencies on the imperfection of the court of jury, on low repressiveness? But all of them are connected just with the problem of personnel - our prosecutor's office is used to accuse in writing, gross, in the office, when the sentences were predetermined by the competent authorities, and the judge himself was the main prosecutor. The outstanding abilities of the horses in this area were not immediately seen. He still had to go through the difficult path of Comrade Prosecutor in Kazan, in Kharkov. There, he paid attention as a competent and talented prosecutor and in 1874 he was invited to St. Petersburg to the post of Comrade Prosecutor of the District Court (in the last century, Comrades called Vice). Soon he became a prosecutor of the district court. In Soviet times, his participation was emphasized as already chairman of the district St. Petersburg court in the process of V.I. Zasulich, terrorists, shooting in the town of General Trepov in January 1878. The jury meetings, after hearing the insufficiently prepared and not too skilled prosecutor and a competent, talented lawyer, and most of all under the strong influence of public opinion made an exclusive sentence. Neither guilt, nor merit in this Anatoly Fedorovich, since the role of the court chairman did not reduce the issue of the guilt of the defendant, and Horse himself repeatedly emphasized the need for an objective approach to evaluating evidence in the chairman of the chairman before making a jury. But this did not want to hear neither opponents of the jury or his supporters. The Ministry of Justice accused him of indulgence of the jury, and the public exceeded the hero-revolutionary. In fact, the process showed the complexity of the issue of the effectiveness of the jury and their main weak side - exposure to public opinion. The notorious "princess of Marya Alekskna" decided not in favor of the law and justice, but in favor of politics. This is the smearing of the minds, the perfectly described F.M. Dostoevsky in "demons", the permanent, leading to the denial of the law at all, to the denial of God, and ultimately the living person himself in the name of some kind of idea. The results of it we know.
It should be noted that despite the attempts of Soviet historians to submit A.F. Horses "sympathizing" by the revolutionary movement of liberal, and also persecuted proceedings from the royal government, the facts speak about the opposite. Both the courtyard and the Ministry of Justice were able to rise above private claims and see in the chairman of the district court of a truly talented lawyer who could benefit from Fatherland. So, in 1885, he was appointed Ober Prosecutor of the Senate, it was the highest prosecutor's position of that time. Since 1897, he becomes a senator.
At the same time, its authority is growing in scientific legal circles. In 1890, the University of Kharkiv assigned to him the title of Doctor of Law, and in 1900 he was elected an honorary academician of the discharge of the elegant literature of the Imperial Academy of Sciences (along with Czech). Guided by his invaluable practical experience of prosecutor's and judicial work, Koni writes a number of works that make up pride of all Russian jurisprudence. He can rightly be called the founder of the new science - judicial ethics, which the work of "moral principles in the criminal process" is devoted (1902). Idealist, hard jealous of the spirit of the great reforms of the 60s, he believed in the opportunity to raise the young generation, put in his foundation of morality ... Alas, life did not confirm his faith: "I began to lecture in the Alexandrovsky Lyceum and trying under criminal proceedings. Introducing listeners with the beginning of judicial ethics. But this youth is very dissolved in the sense of moral and mental - does not know how to listen carefully or write down ... "(from the letter to Chicherina on November 27, 1901). After the revolution, the horses read the lectures of the workers, but it was difficult to say whether they were successful - there was no reason to trust the confident tone of the Soviet press, which announced the "advanced proletariat".
Public and political life was for Anatoly Fedorovich full of events. After the creation of the State Duma, it is included in active legislative activities, acting as a member of the State Council (from January 1, 1907). Almost due to its support, laws on parole (1909) were adopted, the advent of women in the attorney (1913). Before the February coup A.F. Koni occupied one of the most significant judicial positions in Russia - the foregoing in the general meeting of the cassation departments of the Senate. Unfortunately, it is not known how in fact the great Russian lawyer, the ideologist of Russian jurisprudence perceived the October coup. Supported links with the largest literary figures of that time, Lenin policy to attract "old specialists", absolute moral purity - all this allowed him if not joined, at least to find his place in a new country, in the new world. During hunger in Petrograd (in many testimonies, artificially created by the Bolsheviks for the beginning of the expropriation of the village), he himself suggested A.V. Lunacharsky cooperation for the purpose of enlightening the masses. The result was the reading of lectures to the Workers of Putil Plant, the builders of Volkhovstroy, students. A total of about a thousand lectures were read, including at the Department of Criminal Law of the Petrograd University, where he was invited. Students even achieved that he was granted an equestrian crew that was almost unthinkable at the time.
Already in the Soviet period A.F. Horse reprints a number of memoirs united in the collection "on the life path". These memories are undoubtedly recognized as the best samples of memorars, they are written by a clear, right and living Russian language, and the biographies of his heroes - real people, as it is impossible to reflect the actual peripetics of their lives. Accuracy, brevity and capacity of the description is truly worthy of Dostoevsky. The reader of his memoirs, and all other books receive not only information about historical or legal events, but also intellectual pleasure from admission to a living source of the word. Creativity Koni confirms the words F. Nietzsche that "a good writer may not be a good speaker, but a good speaker is always a good writer." By the way, many works of the already mentioned classics of Russian literature were written precisely on the materials of the cases in which Anatoly Fedorovich participated. Enough to remember Roman c. L. N. Tolstoy "Resurrection", the plot of which was taken from the real precedent, and the c. Tolstoy in his correspondence from his horses has repeatedly discussed this topic, asking advice from him about the content of the book.
The life of Anatoly Fedorovich Koni is multifaceted and every time describing it, you can open all the new and new parties to its light images. The main part of his handwritten heritage is kept at the Institute of Russian Language and Literature (St. Petersburg), his books are reprinted in Russia and abroad, his speeches are cited as samples of judicial speeches, his memoirs are used for objective writing biographies of many famous personalities. The study of his work continues. It becomes particularly relevant now when our court acquires many features of the judicial system created in 1864-66. And here are an indispensable allowances will be the books of the horses "Judicial reform and jury", "about the court of jurors and about the court with class representatives", "the final debate of the parties in the criminal process."
"We have no yesterday. That's why our tomorrow is always so foggy and dim," the great lawyer wrote at the end of the last century. What would the horses be told, looking at that day, which was for him tomorrow, and for us today ...
This is the name of the book of P. Sergeich (P.S. Porokhovshchikova), published in 1910, whose task is to study the conditions of judicial elorations and the establishment of its methods. The author is an experienced judiciary, faithful to the tradition of the best times of judicial reform, "invested in his work not only an extensive acquaintance with samples of oratory, but also a rich result of his observations from the field of a living word in the Russian court. This book is quite timely and moreover in two ways. It contains a practical, based on numerous examples, editing how and is even more likely - as it is not necessary to speak in court, which, apparently, is especially important at such a time when the disconnection of the proceedings is developing at the expense of their feasibility. She is timely and because in essence only now, when many years of experience of a verbal court competition accumulated and the whole collections of indictments and defensive speeches appeared in print, a reasonable study of the foundations of judicial eloquence was made and a comprehensive assessment of the practical techniques of Russian judicial speakers ...
Book P.S. Porokhovshchikova ... Full, detailed and rich in erudition and examples, research on the creatures and manifestations of the art of speech in court. In the author alternately replace each other a susceptible and sensitive observer, a subtle psychologist, an enlightened lawyer, and in times the poet, so that this serious book is replete with living household scenes and lyrical places woven in a strictly scientific canvas. Such, for example, the story of the author, cited in proof of how much creativity can influence the judicial speech even by a rather ordinary case. In those recent days, when there was no conversation about freedom of religion, the police according to the janitor appeared in the basement housing, in which the sectarian chapel was placed. The owner is a small artisan - I'm put on the threshold, roughly shouted that no one would let me down and bruises anyone who would try to enter, which caused the compilation of an act of a crime, provided for in Article 286 of impressions about punishments and entailing a prison for up to four months or a fine Not over one hundred rubles. "Comrade Prosecutor said: I support the indictment. The defender spoke, and after a few moments the whole hall turned into a tense, enchanted and alarmed rumor," writes the author. "He told us that the people who were in this basement mullery gathered there not for ordinary worship, that it was a particularly solemn, the only day in the year, when they were cleared of their sins and found reconciliation with the Almighty that on this day they were cut off From earth, asking for the Divine immersed in the holy saints of his saints, they were inviolable for worldly power, they were free even from the legitimate prohibitions. And all the time the defender kept us on the threshold of this low basement, where it was necessary to go down on two steps in the dark where the wipers pushed and where the door in a low wretched room of the heart prayed to God ... I can't convey this speech and impressions, it was produced, but I will say that I did not experience a more sublime mood. The meeting took place in the evening, in a small dim spotted The hall, but vaults were broken over us, and I looked directly in the starry sky from our chairs, from time to eternity "...
You can not agree with some of the provisions and advice of the author, but it is impossible not to recognize for his book of great importance for those who are subjectively or objectively by judicial eloquence as a subject of study or as a weapon of their activities, or, finally, a social development indicator at this time. Four questions arise usually before each of those faces: what is the art of speech in court? What properties should be posted to become a judicial speaker? What means and methods can the last place? What should the content of speech and its preparation? All these questions are found at P.S. Porokhovshchikova is a thorough answer, scattered from nine chapters of his extensive book (390 pages). A judicial speech, in his opinion, is a product of creativity, the same product, as any literary or poetic work. At the heart of the latter always lies the reality that was alone, so to speak, in the prism of creative imagination. But the same validity lies and at the heart of the judicial speech, the reality is mostly rude, sharp. The difference between the creativity of the poet and the judicial speaker consists mainly in the fact that they look at reality from different points of view and according to this drawn from it the corresponding paints, positions and impressions, processing them then in the arguments of charges or protection or in poetic images. "The young landowner, says the author," he gave a slap to a very bold fan. For dry laws, this is 142 an article of the charter about punishments, - persecution in private, - at the month of arrest; the thought quickly ran down the usual way of legal assessment and stopped. A. Pushkin writes "Count Nulin", and we half a century read this 142 article and we can not read it. At night, it was robbed about the street, rushed a fur coat with him ... again everything is simple, rude, vaguely: robbery with violence, 1642 Article Carding - Arrest branches or cavalry up to six years, and Gogol writes "Shinel" -Evyokhemal and infinite dramatic poem. There are no bad plots in the literature; There are no unimportant cases in court and there are no such people in which a person formed and impressionable could not find the foundations for artistic speech. "The original point of art lies in the ability to catch a private, notice what the well-known subject from a number of similar things is distinguished. For attentive and There is a sensitive person in every minor business there are several such characteristic features, they always have ready. Material for literary processing, and judicial speech, according to the successful expression of the author, "there is literature on the fly". From here, actually flows and responding to the second question: What is needed in order to be a judicial speaker? The presence of a born talent, as many people think, not at all there is an indispensable condition, without which it is impossible to become a speaker. This is recognized in the old axiom, saying that Oratores Fut [ Speeches are made]. Talent facilitates the task of the speaker, but his one is small: you need mental development and the ability to own a word, which is achieved in thoughtful exercise. In addition, other personal properties of the speaker are undoubtedly reflected on his speech. Between them, of course, one of the main places occupies its temperament. The brilliant characteristic of temperaments made by Kant, who distinguished two temperaments of feelings (Sanguinic and melancholic) and two temperaments of activity (choleric and phlegmatic), found themselves the physiological basis in labor Fulie "about temperament and character." It applies to all speaking publicly. The difference in temperaments and the speaker moods caused by them sometimes even besides his will in the gesture, in a tone of the voice, in the manner of talking and the way to keep yourself in court. The typical mood peculiar to this or another orator temperament is inevitably affecting its relationship to the circumstances that he speaks about and on the form of its conclusions. It is difficult to imagine melancholic and phlegmatics acting on the listeners fulfilling indifference, slow speech or bad sadness, "despondency to the front at the front", according to the articulation of one of the orders of Emperor Paul. Similarly, it can not affect the speech of the speaker his age. Man, "The Word" and the words of which were imbued with young hotness, brightness and courage, with the years it becomes less impressionable and acquires greater everyday experience. Life takes him, on the one hand, more often than in the youth, to remember and understand the words of Ecclesiasto about "bustle vanity", and on the other hand, it develops in him much more self-confidence from consciousness that he is an old tried fighter - attention and Trust are very often Advance and B. credit, Before even he starts his speech, consisting often in the unconscious repetition of himself. Judicial speech should enter into a moral assessment of a crime that corresponds to the highest worldview of modern society. But the moral views of society are not so sustainable and conservative as written laws. They affect the process of slow and gradual, then cutting and unexpected revaluation of values. Therefore, the speaker has a choice between two roles: it may be obedient and confident expressive of dominant views, solidarized with the majority of society; He may, on the contrary, to act as an ambitress of common delusions, prejudice, cosiness or blindness of society and to go against the current, defending their own new views and beliefs. At the election of one of these paths, the age of the speaker and the moods characteristic of him should be inevitably.
The content of the judicial speech plays a less role than art in its construction. Everyone who has to say what to talk and how to talk? The first question corresponds to a simple sound reason and the logic of things that defines the sequence and connection between satellite individual actions. What should I say- Spends the same logic, based on the exact knowledge of the subject that you have to narrow. Where we have to talk about people, their passions, weaknesses and properties, everyday psychology and knowledge of the general properties of human nature will help to highlight the inner side of the relationships in question and motivation. It should be noted that the psychological element in speech should not be expressed at all in the so-called "depth of psychological analysis", in the unfolding of the human soul and in Copans in it in it for finding very often completely arbitrary movements and motivation. Lantern for lighting thesethe depths are appropriate only in the hands of the Great Thinker Artist, which operates over it the same way. Just to imitate, then not Dostoevsky, which will make the soul, as the soil for the artesian well, and the amazing observation of the thick, which is mistakenly called psychological analysis. Finally, the conscience should indicate the judicial speech, how much moral to use the way or other coverage of the circumstances and possible from their comparison with the conclusion. Here, the main role in the election of a speaker of this or another way belongs to the consciousness of their debt to society and before the law, consciousness, the leading covenant of Gogol: "We must be honest." The foundation of all this, of course, should serve the acquaintance with the case in all his smallest details, and it is difficult to determine in advance which of these details will acquire a special strength and value for the characteristics of the event, persons, relationships ... To acquire this acquaintance, it is not necessary to stop How difficulty, never counting it is fruitless. "Those speeches," the author appears quite rightly, - which are said simply, in fact constitute the fruit of a wide general formation, long-term frequency spirit about the essence of things, long experience and - except for all this - hard work on each individual. " Unfortunately, it is here that our "laziness of the mind" most often affects, marked in hot words still Caven.
In question: how to say- The first plan of speech acts on the fore. You had to write these lines by reading the lectures of criminal proceedings in the school of lawwering and in Alexandrovsky Lyceum, to listen to the request of their listeners to clarify them that it is necessary to speak well in court. He always gave the same answer: you need to know well the subject that you speak, having studied it in all details, you need to know my native language, with its wealth, flexibility and originality, so as not to look for words and revolutions to express your thought and Finally, you need to be sincere. Man lies usually troopy: says not what he thinks, it does not think what he feels, that is, deceives not only others, but also himself, and finally lies, so to speak, in a square, saying not what he thinks And thinking not what feels. All these types of lies can find a place in judicial speech, internally distorting it and relaxing her strength, for insincerity is felt when he still has not yet, so to speak, tactile ... It is significant that Bismarck in one of his parliamentary speeches, characterizing eloquence as a dangerous gift having, like music, fascinating strength, found that in every oratorier who wants to act on his listeners, the poet should be concluded and, if he is the lord of his tongue and thoughts, he mastering the power to act on those who he listens. Two chapters in the work of PS are dedicated to the speech language. Porokhovshchikov, with many loyal thoughts and examples. Russian language and in print, and in oral speech undergoes last years Some kind of fierce deterioration ... The author leads a number of words and revolutions that have been in recent times in the practice of staging without any reason and excuse and completely destroy the purity of the syllable. Such, for example, words - fictitious (impenetrable), to inspire (inspire), dominant, simulation, injury, precartium, basket, vary, taxi (instead of punishment), adjust, defect, questionnaire, detail, dossier (production), adequately, cancel , ingredient, staged, etc. Of course, there are foreign expressions that cannot be translated in Russian with accuracy. These are the author - abstensity, loyalty, compromise; But we use the terms, the meaning of which is easily transferred in Russian. In my judicial practice, I tried to replace the word Alibi, completely incomprehensible to the huge majority of jurors, the word of Initiality, quite appropriate by the concept of Alibi, - and the name of the final word of the chair for the jury - summary - the title "Steering Party", which characterizes the purpose and content of the speech of the chairman. This replacement of the French word RESUME, as it seemed to me, was met by many sympathy. In general, the habit of some of our speakers avoid the existing Russian expression and to replace it with foreign or new refuses small thoughtfulness to how to talk. The new word in the current language is only then apologative when it is definitely necessary, understandable and sound. Otherwise, we risk return to the disgusting distortions of the Russian official language after Peter the Great and almost before the reign of Catherine, who, moreover, using the then expressions, "without any reason on the bizaria of their gumor."
But not one cleanliness of the syllable suffers in our judicial speeches: the accuracy of the syllable, replaced by the words of words, is also suffering from a simple and clear concept for expression, and the words of these are one by one for the sake of considerable effect. In one not too long accusatory speech about the extremely dubious torture of the girl's acceptance, a woman who took her to upbringing, judges and jury heard, according to the author, such passages: "The testimony of witnesses in the main thing is significant, mostly coincide; the picture deployed before you in all its strength, in the whole volume, in its entirety depicts such an appeal with a child who can not be made by mockery in all forms, in all senses, in all respects; what you heard is terrible, it is tragic, it exceeds all sorts Limits, it shudders all nerves, it raises hair on end "... Inaccuracy The syllable suffers the speeches of most of the judicial speakers.
We constantly say " domestic conviction "," exteriorform "and even - Harribile Dictu [ Scary to say] - "For Pro Forms." With the usual negligence of speech, there is nothing to wait for the right position of words, and meanwhile it would be impossible if the weight of each word was estimated in relationship with others. Recently, the advertisement was published in the newspapers: "Dog Actors" instead of "Dog-Actors". It is necessary to rearrange the words in the popular expression "blood with milk" and say "milk with blood" to see the value of a separate word set in its place. The author, in turn, relates to the disadvantages of judicial speech. weighing thoughts"That is, common places, beaten (and not always correctly driven) aphorisms, reasoning about trifles and in general anything that is not going to the case" backward ", as they called in the journal world to fill empty places in the book or newspaper. It also points to the need probability."According to each of us the feeling of elegant," he writes, "we are impressed with the difference in decent and inappropriate in other words; it would be good if we developed this susceptibility and in relation to ourselves." But this, to the great regret of those who remember the best morals in the judicial office, no. Modern young speakers, according to the author's testimony, they talk about witnesses without constraints: the contents, a mistress, a prostitute, forgetting that the pronunciation of these words is criminal offense and that freedom of judicial speech is not the right of an unpunished insult of a woman. In the same time it was not. "You know," says the prosecutor in the example of the example, - that between Jansen and Akar existed a big friendship, an old look, turning into related relationships, who allow for the opportunity to dinner and breakfast from her, to establish its cash register, to carry out settlements, almost live by her ". The idea is understandable, adds the author, and without offensive rude words.
To the chapter on the "color of eloquence", as a somewhat ironically calls the author of the grace and glitter of speech, - this "italics in print, red ink in the manuscript" - we meet a detailed analysis of rhetorical revolutions, characteristic of judicial speech, and in particular images, metaphor, comparisons , opposition, etc. Special attention is paid to images, and quite thorough. A man rarely thinks by logical parcels. Any living thinking facing not at distracted objects defined with mathematical accuracy, such as time or space, certainly draws the images from which the thought and imagination are sent or to which they strive. They will powerfully invade individual links of the whole chain of reflection, affect the conclusion, suggests determination and cause the phenomenon often in the direction of will, which is called deviation in the compute. Life constantly shows how the sequence of mind is destroyed or modifies under the influence of the voice of the heart. But what is this voice, how is it not the result of fright, lunizing, indignation or delight or otherwise? That is why the art of speech in court concludes to reduce to think, and therefore, and speak images. Viewing all other rhetorical revolutions and pointing how our speakers will be careful by some of them, the author is extremely skillfully quotes the entry into the speech of the famous Chaix-D "Est-Ange on the loud-up business La Ronsier, accused of attempted on the chastity of the girl, noting in a separate column, Next to the text, gradually use by the defender of a wide variety of speech revolutions.
Although, in fact, the judicial investigation is not directly related to the art of speech in court, but the book is devoted to him by a whole, very interesting chapter, obviously, in the fact that on the judicial consequence, the court competition in which the trial interrogation continues Speeches are included only as final chords. In this competition, of course, the main role is played by interrogation of witnesses, because the debate of the parties on individual procedural actions is relatively rare and have a strictly business, prisoner and formal framework. Our literature represents very few works devoted to interrogation of witnesses. The psychology of testimony and those conditions that affect the accuracy, nature, scope and form of these testimony have been particularly poorly developed. I tried to replenish this gap in introducing into the fourth edition of my "court speeches" in the article: "Witnesses at Court" and warmly welcome those 36 pages that P.S. The causticists devotes to interrogation of witnesses, giving a number of burning household paintings, depressing the unbreak of interrogative and providing lawsuits with experienced tips set out with bright evidence.
The volume of this article does not allow to touch many parts of the book, but it is impossible not to point to one original place. "There are eternal, intractable questions about the right of the court and punishment at all," says the author, "and there are those created by the collision of the existing procedure for legal proceedings with the mental and moral requirements of this society in a certain era. Here are some questions of the other kind remaining unresolved and Donyn, and with whom you have to be reckoned: what is the purpose of punishment? Is it possible to justify the defendant when his prior conclusion is more than the sentence threatening to him? Is it possible to justify the defendant for awareness: in his place I would do it just like him? Maybe Is the impeccable past of the defendant to serve as a basis for justification? Is it possible to put immoral protective equipment to him? Is it possible to justify the defendant because his family faces poverty if he is convicted? Is it possible to condemn the person who killed the other to get rid of physical or moral to get rid of physical or moral Striking from the killed? Is it possible to justify the secondary partner on the grounds that the main culprit remained unpunished due to the negligence or unscrupulousness of officials? Does the jury read more trust than the testimony without oath? What significance may have brutal errors for this process for this process and other nations? Do the sworn assessers have the moral right to reckon with the first sentence on a cashed case, if on the judicial investigation it turned out that the sentence was canceled incorrectly, for example, under the pretext of the violation, repeatedly recognized by the Senate for an insignificant? Do the jury moral rights to the acquittal decision due to the preissing attitudes of the presiding committee? etc. As the strength and moral understanding, the judicial speaker must thoroughly think about these issues not only as a legitimate, but also as an enlightened son of his time. An indication of these issues in all their aggregate is found in our legal literature for the first time with such a complete and straightforward. There is no doubt that before a lawyer practice, they arise often, and it is necessary that the inevitability of that or another of them does not make him surprise. The solution is not to be based on the impassive letter of the law; It should find a place and considerations of criminal policy, and the imperative vote of judicial ethics, this non Scripta, SED NATA LEX [ Unprofitable but natural law]. Exposing these issues, the author complicates the task of the speaker, but at the same time reflects it.
Turning to some special advice given by the author of lawyers and prosecutors, it is necessary to note first of all that, speaking about the art of speech in court, he is vainly limited by the speeches of the parties. The leading farewell of the chairman of the jury also belongs to the field of judicial speech and its skillful presentation is always important, and sometimes crucial. The most demands of the law are to restore the true circumstances of the case and not express a personal opinion about the fault or innocence of the defendant, to force the Chair to treat special attention and thoughtfulness not only to the content, but also to the form of his farewell. The restoration of the parties disturbed or perverted in the speeches in the speeches requires not one reinforced attention and acute memory, but also a deliberate construction of speech and special accuracy and clarity of expressions. The need to teach the jury general grounds for judgment about the power of evidence, without expressing his gate to the responsibility of the accused, imposes the duty of extremely cautious handling with the word performed by this slippery task. Here the words of Pushkin are quite appropriate: "Blessed, who is firmly ruled by the word - and holds the thought of taking his own ...". The leading farewell should be free from Paphos, it cannot find a place for many of the rhetorical techniques that are relevant in the speeches of the parties; But if images are replaced in it dry and stingy word of the law, it corresponds to its intended purpose. In addition, we should not forget that the vast majority of the defendants have no defenders during county sessions or receives sometimes those appointed from the court from beginner candidates for judicial positions, about which the accused can say: "Relie us God from friends!". In these cases, the Chairman is morally obliged to state in compressed, but living expressions, what can be said to defend the defendant, asking very often in response to a speech of the prosecutor to "judge the Boreshiki" or helplessly spreading with his hands. Despite the fact that in 1914, the fiftieth anniversary of the publication of the judicial charters, the foundations and receptions of the steering facility are not very developed theoretically and are not at all developed practically, and in print until the last time it was possible to find only three of my farewell in the book "Judicial Speech" Yes, in the old "judicial messenger", the speech speech at the well-known case of Nechaeva and the first chairs of the first days of judicial reform, this "Freshitz, played by the fingers of timid student." Therefore, it is impossible not to regret that the author of the "art of speech on the court" is not subjected to its subtle critical assessment of the speech of the chairman and its development "basis" of the latter.
It is impossible not to join a number of practical advice to the prosecutor and the defender, which the author concludes his book, enjoying them in a witty form with everyday life, leaning out of many years of judicial experience, but it is difficult to agree with his unconditional requirement of a written presentation of the upcoming speech. "Know, the reader," he says, - that, without writing several seedlings or Arshin paper, you will not tell a strong speech on a complex business. If only you are not a genius, take it for the axiom and get ready with the pen in your hand. You do not have a public Lecture, not poetic improvisation, as in the "Egyptian nights". You go to battle. " Therefore, according to the author, in any case it should be written in the form of a detailed logical reasoning; Each separate part of it must be set out in the form of a self-integer and these parts are then connected between themselves in a common invulnerable integer. Council to write speeches, although not always in such a categorical form, give some classical Western authors (Cicero, Bonne, Ortlike, etc.); Gives it as we have seen, Mittermeier, and from our speakers-practitioners - Andreevsky. Nevertheless, it is impossible to agree with them. Between the improvisation, which our author anti-pisqua speech, and oral, freely complicated at the meeting, speech there is a big difference. Everything is unknown there, unexpectedly and is not due to anything, there is a ready-made material and time for its thinking and distribution. Fatal question: "Mr. Prosecutor! Your word." - I finder, according to the author, the rupture of a person who did not care who had previously spent his speech on the letter, appeals not to a random visitor, awakened from the naughty, and to a person, for the most part, who wrote an indictment and observed for a preliminary investigation and, in any case, Successing all the judicial investigation. There is nothing unexpected for him in this matter and "grab your mind for everything that will go under the arm," there is no reason, especially since "deserving respect for the defendant", that is, in the case of the destruction of the evidence and evidence that the occasion for Traditions to the court, the prosecutor has the right and even morally obliged to abandon the support of the charge. A pre-compiled speech inevitably should be punished by a speaker, hypnotize it. Any speaker writing his speeches is a jealous-love attitude towards his work and fear of losing out of it that sometimes has been achieved by perpetuating work. Hence, the unwillingness to pass silence is any part or place of its harvested speech; I will say more - hence the desire to leave the circumstances that found out during the judicial consequence, which are difficult or impossible to fit into speech or squeeze it, which seemed to be beautiful or convincing in reading before the meeting, this advantage of the speaker of its previous work should especially increase if To follow the advice of the author, with whom he - and moreover, does not joke - makes his book: "Before talking about the court, tell your speech in a completely complete form before" funny "jurors. No need for them will certainly twelve; Pretty three, even two, not important. Choice: put your mother's mother, brother, gymnasium, nanny or cook, twins or janitor. "I had to hear speakers in my long judicial practice. Heated dish supplied by them The court, it was unsuccessful and tasteless; their pathos sounded with a delaciousness, and intake revival gave advanate to feel that before the listeners pronounced the chartered lesson, the fact that the French call "UNE IMPROVISATION SOIQNEUMEMEN PREPAREE" [ Improvisation carefully prepared]. Judicial speech is not a public lecture, the author says. Yes, not a lecture, but that's why it is not to write forward. Facts, conclusions, examples, pictures, etc., cited in lectures, cannot change in the audience itself: it is quite ready, the established material, and the day before, and before the start, and after the lecture, it remains unchanged, and therefore You can say if not about the written lecture, then in any case about its detailed abstract. Yes, and the lecture is not only a form, but also some images, epithets, comparisons are unforeseen at the lecturer under the influence of its mood caused by the composition of listeners, or unexpected news, or, finally, the presence of some persons ... Do you need to talk about those changes, Who undergoes the originally established charges and the most essence of the case during the judicial investigation? Interrogated witnesses forget often, as shown by the investigator, or completely change their testimony under the influence of the adopted oath; Their testimony, leaving the burning of cross-interrogation, sometimes lasting for several hours, seem completely different, acquire sharp shades, which were not previously remembered; New witnesses that first be in court bring a new color of the "circumstances of the case" and give data that completely changing the picture of the event, its situation, its consequences. In addition, the prosecutor, who was not present at the preliminary investigation, sees the defendant sometimes for the first time, - and in front of him there is not the same person who he painted himself, preparing for charges or on the author of the author, by writing an indictment speech. The author himself speaks about living cooperation to the speaker of other participants in the process, which is not a single big deal without so-called Insidents D "Audience [ Incidents of the court session]. The attitude towards them or the previous events from witnesses, experts, defendant and the opponent of the speaker may be completely unexpected ... Big changes can make an examination. Newly called knowledgeable persons can sometimes give such an explanation to the forensic person of the case, make such an unexpected coverage of the meaning of those or other phenomena or signs that all piles on which the construction was held in advance will be put forward in advance. Every old judiciary, of course, has repeatedly witnessed such a "change of decorations". If there really had the need for a preliminary written presentation of speech, then the objections would usually be colorless and brief. Meanwhile, in judicial practice there are objections that are stronger, brighter, valid for the first speeches. I knew the judicial speakers, distinguished by a special strength of his objections and even asked the chairmen not to do before such a break of the meeting, so that at once, "persuading, worrying and hurrying," respond to opponents. There is no doubt that the judicial speaker should not be in the court with empty hands. The study of the case in all details, thinking about some issues that arise in it, characteristic expressions that fall in testimony and written material evidence, numerical data, special names, etc. Must leave your trace not only in the memory of the speaker, but also in his written notes. It is quite natural if he sketches a plan of speech or its scheme for difficult affairs (so Dazza A.I. Urusov, who had on special evidence and evidence of concentric circles), a kind of vade mecum [Satellite] In the forest of the generic circumstances of the case. But this is still far from making speech "in final form." Therefore, I never wrote my speeches in advance, I allow myself as an old judicial figure to say young figures in spite of the author of the "art of speech on the court": do not write speeches in advance, do not waste time, do not rely on the help of these particles in the quiet lines, slowly I put it on paper, but study the material carefully, remember it, mold in it - and then follow the advice of the Faust: "Speak with conviction, words and influence on the listeners will come themselves!"
To this, I would add one more thing: Read the book of P.S. Porokhovshchikova: With her written beautiful, alive and bright syllable of instructive pages present love To the judicial case, turning it into the vocation, and not in the craft.
Anatoly Fedorovich Koni (1844-1927) Russian lawyer, judge, state and public figure, a writer, an outstanding judicial speaker, a valid secret adviser, member of the State Council of the Russian Empire. Honorary Academician of the Imperial St. Petersburg Academy of Sciences on the category of graceful literature (1900), doctor of criminal law of the University of Kharkov (1890), Professor of Petrograd University (1918-1922).
