Artículos de revistas: "Law and socialism"

1

Kuznetsova, E. V. "Legal systems of the countries of totalitarian socialism: features of legal genesis and development trends". Siberian Law Herald 3 (2022): 3–9. http://dx.doi.org/10.26516/2071-8136.2022.3.3.

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The essential features of the legal systems of the countries of totalitarian socialism are analyzed, some issues of the formation of the socialist legal system in Russia are investigated, the main approaches to the typology of the legal systems of the countries of totali-tarian socialism are identified: from denial of existence at the present time to recognition as a global legal system. The characteristic features of socialist law are revealed, the close connection between legal genesis and political genesis is noted. The formation of the system of socialist law in Russia was based on a radical rejection of the legislation of the previous era; on the contrary, in some other countries of totalitarian socialism, a gradual change in the regulatory framework is noted. The leading role of ideology in the system of socialist law is characterized, which influenced the content of law, and its forms, and technical and legal features. From the point of view of content, socialist ideology gave rise to a special paradigm of relations in the “personality-state” system, which in one way or another affected all branches of law. The author also draws attention to the specifics of the sources of socialist law, the features of the legal culture of the countries of totalitarian socialism. All of the above allows us to conclude that the socialist legal system exists as an independent one. Despite the reduction in the number of countries included in this legal system after the collapse of the USSR, its preservation is noted, while in its classical form it remained only in the DPRK, other countries should be attributed to the modernized socialist legal system. The transformations concerned mainly socio-economic relations, the main political institutions did not undergo significant changes. An analysis of constitutional legislation and political practice does not indicate a desire to re-build the political and legal system along Western lines.

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2

Morillas, Jordi. "Raskolnikov’s Breaking the Law". Dostoevsky Journal 20, n.º 1 (19 de junio de 2019): 55–76. http://dx.doi.org/10.1163/23752122-02001004.

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In this article we analyse the Marxist interpretation of F. M. Dostoevsky’s Crime and Punishment. Although Raskolnikov’s worldview may share some features with a socialist point of view, the hero of Dostoevsky’s first novel of ideas represents a complete ideological antithesis to Socialism. Thanks to a careful analysis of Raskolnikov’s utterances and with the help of Merezhkovsky’s reading of the novel, we conclude that if there is a Dostoevsky novel which resists a Socialist understanding, then this novel is Crime and Punishment.

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3

Puzhayev, Vladimir V. "LEGAL SOCIALISM IN THE HISTORY OF FRENCH POLITICAL AND LEGAL THOUGHT OF THE 19TH–20TH CENTURIES". Vestnik of Kostroma State University, n.º 2 (2020): 254–64. http://dx.doi.org/10.34216/1998-0817-2020-26-2-254-264.

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The article investigates the characteristic features of legal socialism as one of the popular directions of French political and legal thought during the period of existence of the French Third Republic (1870–1940). For the fi rst time in the Russian science the similarities and differences of French legal socialism with the related political and ideological systems (Marxism, solidarism) and also with some foreign legal doctrines (legal socialism of Anton Menger von Wolfensgrün, Ferdinand Lassalle) are highlighted. The article focuses on the political and legal views of Emmanuel Levy, a prominent French jurist and socialist, who, according to many contemporaries, was the founder of legal socialism in France. On the basis of the analysis of literary sources of the epoch as well as modern publications, the author of the article evaluates Emmanuel Lévy’s contribution to the substantiation of socialism in legal categories (legal description of the logic of socialism). To achieve this goal, the author of the article considers Lévy’s ideas about the relative nature of law, about class antagonism as a factor of social life, about the absorption of individual law by collective law, about the triumph of collective law as the fi nal chord of the historical epoch of industrialisation, about the understanding of law as a social function and about the expansion of the boundaries of legal responsibility. Lévy’s ideas about the parameters of a peaceful and non-violent social revolution, the realization of which was linked to the growing infl uence of socialistically thinking judges in the French judicial hierarchy, were also studied. Responding to the social markings of the epoch and the demands of public opinion, these judges were to promote the establishment of a socialist legal order in the state by means of free interpretation of bourgeois laws (in the interests of poor classes).

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4

Scruton, Roger y Paul Q. Hirst. "Law, Socialism and Democracy". British Journal of Sociology 39, n.º 4 (diciembre de 1988): 625. http://dx.doi.org/10.2307/590507.

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5

Belov, Sergei, William Partlett y Alexandra Troitskaya. "Socialist Constitutional Legacies". Russian Law Journal 9, n.º 2 (4 de junio de 2021): 8–25. http://dx.doi.org/10.17589/2309-8678-2021-9-2-8-25.

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With the end of the Cold War, many assumed that socialism, together with the speciﬁc constitutional values and political structures was dead (or dying). This article will challenge these assumptions. Post-Cold War reality did not, however, follow these assumptions. Some countries, especially in Asia, continue to adhere to socialist constitutional approaches. Some cannot fully overcome their socialist legacy. And still others include socialist values in their constitutions and practice. These values and ideas warrant study. Most notably, socialism carries with it a certain set of values and, consequently, a corresponding pressure on legal institutions. The authors, guest editors of this special issue of the Russian Law Journal on the socialist legacies in the world constitutions, outline a general approach for the study of socialist constitutional legacies. The article therefore addresses (a) the methodology of socialist constitutional legacies analysis, (b) the core values of the socialist constitutions and (c) ways in which socialist constitutional ideas and concepts can be combined with the principles of constitutionalism. This analysis raises a number of important – but under-researched questions. One is the extent to which these socialist ideas or concepts are actually socialist. Another is the extent to which these ideas can be included in constitutional discourse.

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6

Savelsberg, Joachim J. "Contradictions, Law, and State Socialism". Law & Social Inquiry 25, n.º 04 (2000): 1021–48. http://dx.doi.org/10.1111/j.1747-4469.2000.tb00315.x.

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The relationship of law to antagonisms and contradictions within state socialism is explored from a Weberian and a Marxian perspective. Examining legislation, court decision making, legal control of economic behavior, and law enforcement reveals contradictions between (I) a radical participatory ideology versus muted or extinct civil society; (2) the ideology of comprehensive planning versus the impotence of law; (3) strategies aiming at total control of public life versus the emergence of a niche society outside the reach of the state; (4) regulatory norms versus the functional necessity of norm-breaking behavior; (5) reliance on a revolutionary sense of justice versus the cultivation of “doublethought”; (6) a program of total control of economic behavior versus the emergence of deviant, even criminal, forms of organization to fulfill functionally necessary but ideologically unapproved economic tasks; and finally, (7) two distinct practices of law, responsive or postliberal versus repressive. Yet, contradictions typically did not lead through conflict to subsequent reform during the state socialist era, as conflicts were repressed. When reforms were attempted, they furthered conflict and system breakdown.

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7

EWING, K. D. "Democratic Socialism and Labour Law". Industrial Law Journal 24, n.º 2 (1 de junio de 1995): 103–32. http://dx.doi.org/10.1093/ilj/24.2.103.

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8

Chen, Ting. "In the construction of socialist rule of law culture, we should actively explore new ways to enhance citizens' rule of law literacy". Advances in Education, Humanities and Social Science Research 6, n.º 1 (7 de junio de 2023): 47. http://dx.doi.org/10.56028/aehssr.6.1.47.2023.

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To comprehensively rule the country by law and build a country ruled by law is an important goal of socialist modernization with Chinese characteristics. The socialist rule of law culture with Chinese characteristics is the spiritual heritage of the socialist country under the rule of law with Chinese characteristics, and the construction of the socialist rule of law culture with Chinese characteristics is the cultural support of the construction of the socialist country under the rule of law with Chinese characteristics. Therefore, the construction of socialist legal culture with Chinese characteristics is not only an important content of the study of the Sinicization of Marxism, but also an important issue of the theory and practice of socialism with Chinese characteristics. The construction of socialist legal culture with Chinese characteristics is a dynamic process. In order to achieve the standardization and scientific construction, we must establish a set of mutual coordination and mutual influence operating mechanisms, including: dynamic mechanism, communication mechanism, innovation mechanism and guarantee mechanism.

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9

Grosescu, Raluca y Ned Richardson-Little. "Revisiting State Socialist Approaches to International Criminal and Humanitarian Law: An Introduction". Journal of the History of International Law / Revue d’histoire du droit international 21, n.º 2 (27 de junio de 2019): 161–80. http://dx.doi.org/10.1163/15718050-12340110.

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Abstract This introductory essay provides an overview of the scholarship on state socialist engagements with international criminal and humanitarian law, arguing for a closer scrutiny of the socialist world’s role in shaping these fields of law. After the fall of the Berlin Wall, the historiography on post-1945 international law-making has been generally dominated by a post-1989 sense of Western triumphalism over socialism, where the Soviet Union and its allies have been presented as obstructionists of liberal progress. A wave of neo-Marxist scholarship has more recently sought to recover socialist legal contributions to international law, without however fully addressing them in the context of Cold War political conflict and of gross human rights violations committed within the Socialist Bloc. In contrast, this collection provides a balanced understanding of the socialist engagements with international criminal and humanitarian law, looking at the realpolitik agendas of state socialist countries while acknowledging their progressive contributions to the post-war international legal order.

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10

Lustgarten, Laurence. "Socialism and the Rule of Law". Journal of Law and Society 15, n.º 1 (1988): 25. http://dx.doi.org/10.2307/1410073.

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11

Simmonds, Nigel. "Rights, socialism and liberalism". Legal Studies 5, n.º 1 (marzo de 1985): 1–9. http://dx.doi.org/10.1111/j.1748-121x.1985.tb00318.x.

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In his recent book, The Left and Rights, Tom Campbell argues that the concept of an individual right has no special or exclusive connection with the political philosophy of liberalism, or with the legal order of a liberal society. The belief that there is some such connection has been shared by both the revolutionary left and the libertarian right. Campbell argues that both groups falsely attribute to the concept of a right features that are contingently associated with the particular rights enforced in bourgeois society. A socialist society, he argues, would have good reason to accord and respect certain individual rights even though these might differ in content, and perhaps in form, from the classic rights of liberal individualism.

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12

Liu, Jingxi y Anja Bihler. "Building a Modern Political Ecology and the Need to Demystify Political Meritocracy". Journal of Chinese Humanities 4, n.º 1 (14 de agosto de 2018): 29–48. http://dx.doi.org/10.1163/23521341-12340056.

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Abstract To construct socialism with Chinese characteristics, advance socialist democracy, and establish a political ecology for socialism with Chinese characteristics, we should devote our efforts toward building a stronger political system and strengthening the rule of law and democracy. Important projects, such as the anti-corruption campaign, mass-line education, or team building for government officials should be guided by the spirit of democracy and the rule of law and proceed in an orderly and regulated manner. Still, voices in support of political meritocracy have become increasingly audible in Chinese political and academic circles, supporting a political phenomenon completely incompatible with the goal of building a socialist democracy. Meritocracy as a political system entails a high degree of uncertainty, unsustainability, and risk and is essentially just a modified version of the rule of man or, to put it differently, the rule of man “2.0.” Its fatal weakness is its inability to resolve two fundamental problems related to the legitimacy of political power: Where does power originate, and how can we control it? An important theoretical prerequisite for building a clean political ecology is thus to demystify meritocracy and dispel any popular myths surrounding it.

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13

Janáč, Jiří. "Building hydrosocialism in Czechoslovakia". Global Environment 13, n.º 3 (1 de octubre de 2020): 610–33. http://dx.doi.org/10.3197/ge.2020.130305.

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Throughout the period of state socialism, water was viewed as an instrument of immense transformative power and water experts were seen as guardians of such transformation, a transformation for which we coin the term 'hydrosocialism'. A reconfiguration of water, a scarce and vital natural resource, was to a great extent identified with social change and envisioned transition to socialist and eventually communist society. While in the West, hydraulic experts (hydrocrats) and the vision of a 'civilising mission' of water management (hydraulic mission) gradually faded away with the arrival of reflexive modernity from the 1960s, in socialist Czechoslovakia the situation was different. Despite the fact they faced analogous challenges (environmental issues, economisation), the technocratic character of state socialism enabled socialist hydraulic engineers to secure their position and belief in transformative powers of water.

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14

Ismatov, Aziz. "Do Hybrid Legal Systems Matter in Foreign Legal-Aid Programmes? Some Philosophical Aspects of Legal Aid in Uzbekistan as Provided by the Donor States". Asian Journal of Law and Society 8, n.º 2 (junio de 2021): 351–71. http://dx.doi.org/10.1017/als.2020.44.

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AbstractSince the fall of socialism in Eastern Europe, the former Soviet Union, and some states of Southeast Asia, the international financial institutions and individual donor states have initiated wide-scale legal-aid programmes to assist these states in their transition from socialism to a market economy. Whereas the aid from financial institutions vis-à-vis recipient states is often agreed upon specific conditionalities, the donor states design their foreign legal aid according to individual preferences, although sometimes with references to universal goals. Currently, various donor states provide legal aid to Uzbekistan. Given the fact that Uzbekistan is the former Soviet Republic that still bears multiple traces of a socialist legal system and additionally integrates indigenous informal law, this research provides an analysis of how different donor states base their legal-aid activities on entirely different philosophies and levels of gravity, and how receptive the hybrid structure of Uzbekistan’s law is towards such aid.

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15

Xie, Di y Xiao Kong. "The coordination and balance of economic structure is a major theoretical innovation of socialist political economy with Chinese characteristics in the new era". China Political Economy 3, n.º 1 (1 de junio de 2020): 39–55. http://dx.doi.org/10.1108/cpe-05-2020-0006.

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PurposeThe proportional distribution of social labor is a general law governing human social and economic activities, also a law discovered by Marxist political economy that governs socialist economic operations and development based on public ownership.Design/methodology/approachThis law draws on Marx's vision of future society, but how it is adopted is not only subject to the way a country's economy interacts but also to the influence of a country's historical and cultural traditions. Generations of the CPC and state leaders since Mao Zedong have made unremitting explorations for its application.FindingsAs socialism with Chinese characteristics enters a new era, the Party Central Committee with Comrade Xi Jinping at the core adheres to the standpoints, viewpoints and methods of Marxist political economy, draws from the splendid Chinese traditional culture that values integrity, peace and harmony of all, builds on the reality of China's socialist market economy development, has summed up the features of socialist economy development with Chinese characteristics, and has proposed the five-sphere integrated plan, the four-pronged comprehensive strategy.Originality/valueThe new development concept of “innovation, coordination, green development, openness, and sharing” for socialism with Chinese characteristics, all reflecting the Party's deepening understanding of coordinated development, the gradual formation of the general thought and policy methods of the country's economic regulations based on the coordination and balance of economic structure, the continuous explorations to open a new chapter of contemporary Marxist political economy, China's experience and wisdom, and the Party's confidence in the theories it applies, the road it takes, its system and its culture. The coordination and balance of economic structure are a major theoretical innovation of socialist political economy with Chinese characteristics in the new era.

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16

Zaynutdinov, D. R. "Prosocial legal thought in the age of revolution and civil war in Russia (1917—1918)". Lex Russica, n.º 3 (5 de abril de 2019): 159–71. http://dx.doi.org/10.17803/1729-5920.2019.148.3.159-171.

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The paper deals with the formation and development of right-socialist legal thought during the revolutionary period of 1917 and the Civil war of 1918. During the analysis, special attention is given to the legal views and ideas of the largest theorists of the right-socialist school, such as G.V. Plekhanov, V.M. Chernov, P.B. Akselrod, M.V. Vishnyak. The paper is divided into four interrelated parts. The first part reveals the fact of the lack prosocial groups of projects of legal development of the Russian state to establish a social democratic regime that caused their appeal to the legal concepts of the cadets. Also the reasons of registration by right-socialist groups of the concept of “the third way” and its realization in anti-Bolshevist statehood of the period of 1918 are revealed. In the second part of the work the understanding of the essence of law in socialism is studied, the comparison of the ideological approach to “law” on the part of the lawyers of the left-socialist and right-socialist camp is made. Special attention is given to the place of law in the teachings of socialism and the relationship of law with the economy. In the third part of the work the image of A.I. Gukovskiy as a jurist of the right socialist camp is investigated. His characteristic given to him by the right Socialists Revolutionarists (SRs) is generalized. The image of A.I. Gukovskiy reveals common features inherent in all legal scholars of the right socialist camp. The fourth part of the paper draws attention to the idea of human and civil rights and freedoms in the teachings of social democracy. For the jurists of social democracy, the development of the idea of human and civil rights and freedoms is nothing more than the materialization of the spirit of the revolution, and therefore the problems of the legal status of the individual in the works of right socialist thinkers received a special place. In conclusion, the author draws conclusions about the contribution of Russian lawyers of the right socialist group to the world fund of legal science.

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Michalowski, Raymond J. y Majorie S. Zatz. "Producing Legality: Law and Socialism in Cuba." Contemporary Sociology 24, n.º 3 (mayo de 1995): 322. http://dx.doi.org/10.2307/2076478.

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18

Syrykh, V. M. "V. I. Lenin – Founder of Soviet Law and Justice". Rossijskoe pravosudie 4 (24 de marzo de 2020): 5–15. http://dx.doi.org/10.37399/issn2072-909x.2020.4.5-16.

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An attempt is made to give an overview of the main achievements of V. I. Lenin as the founder of Soviet law and justice. In contrast to the assessments traditional for Soviet jurists, the author identifies Leninist provisions that do not fully comply with the principles of law substantiated by jurists at the beginning of the last century. During the civil war, the Soviet state adopted norms that were contrary to the rights of peasants, the use of which led to the final collapse of the economy. It seems that in the practice of the Soviet state V. I. Lenin that socialism is impossible without the mastery of society and the state of socialist culture.

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19

Löwy, Michael. "Martin Buber’s Socialism". Journal of Jewish Thought & Philosophy 25, n.º 1 (23 de mayo de 2017): 95–104. http://dx.doi.org/10.1163/1477285x-12341279.

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Martin Buber was a creative and heterodox socialist thinker. His socialist utopia was based on the idea of a new community that does not hark back to ancient forms, but wants to overcome modern society while incorporating its achievements, such as the principle of individual freedom. It is not bound, like the old Gemeinschaft—the tribe, the clan, the religious sect—by one single word or opinion that soon freezes into dogma and rigid law, but by a common life characterized by freedom and creativity, which require a diversity of opinions.

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20

Exter. "Legal Reforms of the Polish Health Care System in View of Accessing the European Union". European Journal of Health Law 8, n.º 1 (2001): 5–25. http://dx.doi.org/10.1163/15718090120523321.

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AbstractThe 1980s was a decade of protracted crisis within state socialism in Central and Eastern Europe, most manifestly in Poland. Poland became the trendsetter and model for change not only during the crisis of State socialism but also afterwards, during the pre-transition crisis and breakthrough from one system to another and the first period of democratic transition. Poland, therefore, experienced both the advantages and disadvantages of being a pioneer. This is for instance the case with the health care sector.This paper examines recent legislative changes in the Polish health care system. A descriptive analysis of the current legal framework identifies the main changes that have occurred since the dissolution of the socialist health system. Further research of, in particular, the new Health Insurance Act reveals several discrepancies with respect to its 'compatibility' with European Community law. Since adoption of the acquis communautaire is a prerequisite for accession, the author discusses a main acquis aspect related to social health insurance law, viz the implementation of Co-ordination Regulation 1408/71.

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21

Kühn, Zdenek. "All-Pervasive Legacies of Socialist Constitutionalism? The Case of Judiciary". Russian Law Journal 9, n.º 2 (4 de junio de 2021): 26–43. http://dx.doi.org/10.17589/2309-8678-2021-9-2-26-43.

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The success of the legal transitions occurring in the 1990s was quite dubious. Although, as a result of enlargement of the EU, much of the “other Europe” became part of the European Union, it would be too simplistic to assume that, with the fall of the Berlin Wall, the region became part of Western European political and legal landscape. While the books of the old era were discarded, legislation repealed and new institutions created, one should not underestimate the continuing strength of the old values, principles and legal thought in general. After all, the authors of those discarded books remained in the academia, even if they seemingly started to produce – virtually overnight – new works, while defending new values and principles. Alongside with the academics, the entire legal personnel of the old era survived the systemic change, and this contributed to the persisting spirit of old legal culture. That is why the philosophies of the old socialist legal system were able, not only to survive, but to govern a substantial portion of the post-socialist legal and judicial discourse. The deepest layers of the old legal culture are resistant to sudden changes by their very nature. They seldom have a direct connection to the former oﬃcial political ideology, and they are often clothed in the new legal vocabulary. Furthermore, the most persistent features of socialist legal culture are often those linked to the region’s illiberal pre-socialist past, although substantively modiﬁed during the era of socialism. I will show some examples of old socialist concepts which seem to be alive and well in the new legal system. First, I am going to deal with the authoritarian model of judicial process, which appears to prevail in the region of Central and Eastern Europe. The socialist conception of a judicial process continues to haunt the region even several decades after the fall of “existing socialism.” The parties continue to be viewed as passive objects in the post-communist litigation. Second, I am going to explain a speciﬁc socialist novelty, the concept of supreme courts’ interpretative statements, legislating from the bench without any real-life case pending before those courts. Last but not least, I will show the gradual decline of the activist role of constitutional courts in the region and the return to the tradition of self-restrained judiciary inﬂuenced by politics and politicians.

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22

Enyeart, John P. "Revolution or Evolution: The Socialist Party, Western Workers, and Law in the Progressive Era". Journal of the Gilded Age and Progressive Era 2, n.º 4 (octubre de 2003): 377–402. http://dx.doi.org/10.1017/s1537781400000505.

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In 1913 Socialist Party (SP) leader Morris Hillquit contended that the United States had embarked on the path toward socialism. He argued that the “modern principle of control and regulation of industries by the government indicates the complete collapse of the purely capitalist ideal of non-interference, and signifies that the government may change from an instrument of class rule and exploitation into one of social regulation and protection.” He then asserted that like “the industries, the government is being socialized. The general tendency of both is distinctly towards a Socialist order.” This fit with his understanding of the stages a nation underwent as it progressed first from a society with little to no state involvement in the economy, to a social democracy with state regulation of corporations and protections for workers, to, finally, a socialist state where a government which the people elected managed the economy.

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23

Barnard, Catherine. "SOCIAL DUMPING OR DUMPING SOCIALISM?" Cambridge Law Journal 67, n.º 2 (19 de junio de 2008): 262–64. http://dx.doi.org/10.1017/s0008197308000627.

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Joó, Mária. "The Second Sex in Hungary. Simone de Beauvoir and the (Post)-Socialist Condition". Hungarian Cultural Studies 4 (1 de enero de 2011): 114–27. http://dx.doi.org/10.5195/ahea.2011.37.

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Beauvoir’s work was translated in 1969, a period of change in state socialism: the introduction of some elements of market economy in 1968 (called New Economic Mechanism), the publication of Western bourgeois philosophers as Sartre and Beauvoir, and Marxist philosophers’ efforts to revise orthodox Marxism. ’The woman question’ was declared to be already solved by socialism. The emblematic female identity is of the working mother: free and equal with men by virtue of law, taking part in producing new value as worker and according to her natural role as mother and wife, representing the center of the socialist family. Under these circumstances the reception of The Second Sex is highly interesting: a success (two editions in a high number of copies), but only two contemporary reviews (one friendly, one sharply critical). In this paper, I give a reconstruction of socialist women’s reading of Beauvoir, given their officially propagated homogeneous identity and their unrecognized double burden. They could have identified themselves with Beauvoir’s new, independent woman and at the same time with the traditional woman. Beauvoir’s legacy for us post-socialist women can be derived from this past: to face ambiguities in identity and to vindicate individual freedom.

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Марина Сергеевна, Диденко. "THE PLACE OF REVOLUTIONARY LEGAL CONSCIOUSNESS IN THE SYSTEM OF SOURCES OF LAW OF THE SOVIET STATE (1917–1928)". NORTH CAUCASUS LEGAL VESTNIK 1, n.º 4 (diciembre de 2022): 41–46. http://dx.doi.org/10.22394/2074-7306-2022-1-4-41-46.

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The article is devoted to revealing the role of revolutionary legal consciousness in the regulation of Soviet social relations in 1917-1928. The author shows the evolution of revolutionary legal consciousness from a temporary, designed for a period of transition to socialism, to a permanent source of law. The article determines the place of revolutionary legal consciousness in the system of sources of Soviet law and concludes that from 1917 to 1920 revolutionary legal consciousness was the main means of ensuring the unity of lawmaking and law enforcement. Transformed in the early 20s into socialist legal consciousness, it retained the role of a source of Soviet law and a guiding basis in the legal activities of Soviet legislators and law enforcers, primarily judges, throughout the entire period of the existence of the Soviet state.

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Sagatienė, Dovilė. "Socialism and legal history. The histories and historians of law in socialist East Central Europe". Comparative Legal History 9, n.º 2 (3 de julio de 2021): 253–56. http://dx.doi.org/10.1080/2049677x.2021.2001969.

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Gloveli, Georgii D. "?Socialism of science? versus ?socialism of feelings?: Bogdanov and Lunacharsky". Studies in Soviet Thought 42, n.º 1 (julio de 1991): 29–55. http://dx.doi.org/10.1007/bf00818646.

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Uyun, Qurratul y Madah Rahmatan. "SCIENTIFIC SOCIALISM IN THE INHERITANCE LAW IN SOMALIA". Jurnal Al-Dustur 5, n.º 2 (30 de noviembre de 2022): 228–42. http://dx.doi.org/10.30863/aldustur.v5i2.2957.

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Rosado Marzán, César F. "The Labor Judge Unleashed: Rule of Law and Labor Rights in “Neoliberal” Chile". Law & Social Inquiry 43, n.º 04 (2018): 1574–603. http://dx.doi.org/10.1111/lsi.12341.

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Hoping to improve labor justice, some Latin American countries have reformed their labor courts without necessarily buttressing working-class power. Class power theories make us skeptical of these state-centric strategies for labor rights. Will the “rule-of-law” reforms work? This article reports ethnographic evidence collected by the author in the Chilean labor courts during 2009–2010, and secondary sources. It compares contemporary labor courts, reformed but in an otherwise “neoliberal” context, with the unreformed labor courts of the “socialist” years (1970–1972) to gauge the efficacy of rule-of-law reforms. Results show that despite the neoliberal context, the labor courts were more responsive to workers' claims than under socialism. Rule of law and procedural rules matter for effective labor rights.

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30

Bassok, Or. "The mysterious meeting between Carl Schmitt and Josef Redlich". International Journal of Constitutional Law 19, n.º 2 (1 de abril de 2021): 694–722. http://dx.doi.org/10.1093/icon/moab061.

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Abstract In 1934, Carl Schmitt, then the crown jurist of the Third Reich, wrote in an essay titled “National Socialist Legal Thought” about “[a] conversation with a world-famous, world travelled, experienced scholar of more than seventy years of age from the United States [which] belongs to the major experiences and encounters which led me as a jurist to National Socialism.” Schmitt never disclosed the identity of the scholar whom he met. Based on Schmitt’s diaries, I reveal that the scholar was Josef Redlich. Born to a Jewish family in 1869, Redlich was the Fairchild Professor of Comparative Public Law at Harvard Law School at the time he met Schmitt in 1931. According to Schmitt’s 1934 essay, the conversation focused on the indeterminacy of legal norms and on a nihilist understanding of the era. Even after discovering the identity of the scholar to whom Schmitt refers in his essay and analyzing the ideas discussed in their meeting, the story of the encounter between Schmitt and Redlich remains mysterious. For some reason, the ideas of a scholar of Jewish descent, who believed in an Austrian multi-national, federal state, inspired and played a profound role in the formulation of a blatantly antisemitic essay promoting National Socialist legal thought by the crown jurist of the Nazi regime. Schmitt repeated the tale of his meeting with an American scholar—without disclosing his identity—in a lecture he gave in Italian, two years after publishing his essay. Based on an analysis of this obscure lecture, his 1934 essay, and various other materials written both by Schmitt and Redlich, I offer three possible explanations for why Schmitt viewed his encounter with Redlich as so influential on his road to National Socialism.

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31

Kopeček, Michal. "Was there a socialist Rechtsstaat in late communist East Central Europe? The Czechoslovak case in a regional context". Journal of Modern European History 18, n.º 3 (7 de junio de 2020): 281–96. http://dx.doi.org/10.1177/1611894420924960.

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In contrast to most existing literature, the author claims that there were palpable ‘rudiments’ of authoritarian socialist Rechtsstaat in some communist countries of East Central Europe in the late 1980s. The first part of the article examines the existing terminology with regard to the functioning of law in communist dictatorships and authoritarian regimes in general. By using the example of communist countries such as Poland and in particular Czechoslovakia, the author strives to show not only how rule by law was an increasingly important ruling instrument in state socialism but also how that gradually changed the nature of the dictatorial regimes. He argues that the late communist leaderships in these countries haphazardly set out towards an authoritarian socialist Rechtsstaat in an effort to safe their grip on power by strengthening the socialist normative state. They never arrived at the envisioned optimal stage in this respect, yet they opened a fateful path inside the dictatorships towards the legalist and negotiated revolutions of 1989.

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32

Praznik, Katja. "Autonomy or Disavowal of Socioeconomic Context". Historical Materialism 26, n.º 1 (25 de abril de 2018): 103–35. http://dx.doi.org/10.1163/1569206x-12341561.

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AbstractIn the context of late capitalism, cultural producers have contributed to the process of precarisation by embracing ideas of autonomy, concomitantly contributing to neoliberal policies and political-economy. I scrutinise the claim for the autonomy of the arts in Eastern Europe, a context that exemplifies the transition from socialism to the neoliberal era. The analysis foregrounds the precarious working conditions of cultural producers during the transition from self-managed socialism to the independent nation-state of Slovenia. In Slovenia, the precarisation of artists had already begun in the 1980s when the socialist government implemented the Law for the Independent Cultural Workers, still in place today. I demonstrate that cultural producers address their working conditions in ideological terms (autonomy), instead of approaching them in terms of class relations that govern cultural production (labour issues). Hence, the claim for autonomy is a strategically misguided response to the dismantling of the welfare state.

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33

Zhukov, Vyacheslav N. "E. Fromm: European culture and German National Socialism". Gosudarstvo i pravo, n.º 9 (2022): 105. http://dx.doi.org/10.31857/s102694520022226-9.

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The article examines E. Fromm’s views on German National Socialism. Fromm argues that Ger-man fascism has its origin in Western European individualism and Protestantism. The very logic of the development of Western European culture led to the emergence of National Socialism. The bearer of the ideology of national socialism was the lower stratum of the middle class, where a special social character was formed - sadomasochism, which caused the flight from freedom and the desire for blind submission. Fromm shows the connection between social sadomasochism and Protestant culture in the form of the teachings of Luther and Calvin. The psycho-analytical por-traits of Hitler and Himmler made by Fromm are given.

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34

Gehrig, Sebastian, James Mark, Paul Betts, Kim Christiaens y Idesbald Goddeeris. "The Eastern Bloc, Human Rights, and the Global Fight against Apartheid". East Central Europe 46, n.º 2-3 (22 de noviembre de 2019): 290–317. http://dx.doi.org/10.1163/18763308-04602007.

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Anti-apartheid advocacy allowed Eastern Bloc countries to reframe their ideological language of solidarity towards African countries into a legalist rhetoric during the 1960s and 70s. Support for international anti-racial discrimination law and self-determination from colonial rule reinforced their ties to Africa after the disenchantment of the Hungarian Uprising. Rights activism against apartheid showcased the socialist Bloc’s active contribution to the international rise of human rights language and international law during the Cold War. By the mid-1970s, however, international rights engagement became problematic for most Eastern European states, and dissidents at home eventually appropriated the term apartheid based on decades of state-mandated international rights activism to criticise socialism.

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35

Kozerska, Ewa y Tomasz Scheffler. "EDWARDA MUSZALSKIEGO KONCEPCJA NARODOWEGO PRAWA CYWILNEGO". Zeszyty Prawnicze 11, n.º 4 (19 de diciembre de 2016): 237. http://dx.doi.org/10.21697/zp.2011.11.4.10.

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Edward Muszalski’s Idea of National Private LawSummary The paper presents the views of Polish lawyer Edward Muszalski on the state of private law in Europe and Poland of the interwar period and his proposals for changes. Muszalski assumed that the law was shaped by two schools of thought : liberal and socialist. In the 18th and 19th century the liberal school dominated, the result of which was the creation of the Napoleonic Code and the BGB. In the 19th century, socialism also influenced the law, which resulted in the creation of labor legislation and trade unions. In the 20th century, the bad qualities of both schools came together in the law of the Soviet Union. However it was possible to combine the good qualities of liberal and socialist law by assuming that the fundamental category of private law is the nation. According to Muszalski, national private law assumes, among others, the dominance of common law over statues, limitation of property rights, strengthening of family stability, limiting rights of will making and abandoning the principle of the will of the parties as the basis for interpreting contracts. Attempts to create national private law were made in Germany under the rule of Hitler and in Italy under the rule of Mussolini. However in both cases full-range law reforms failed, and in both countries private law remains liberal.

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36

Zhang, Yu. "On the organic combination of public ownership and market economy". China Political Economy 1, n.º 1 (4 de junio de 2018): 67–83. http://dx.doi.org/10.1108/cpe-10-2018-011.

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Purpose Since the implementation of reform and opening up, China has made remarkable achievement in terms of economic reform and development. China’s path, as well as its experience, has simultaneously gained worldwide concerns. Developing the market economy against the backdrop of socialism brings conclusions from China’s achievement, deepens knowledge of China’s pathway and builds a socialist political economy with Chinese characteristics. That is the way to realise a basic socialist system, especially with regards to the organic integration of public ownership and market economy. This combination determines the future of socialism with Chinese characteristics and the success or failure of economic restructuring. Therefore, it requires consideration and in-depth study. The paper aims to discuss these issues. Design/methodology/approach The goal of economic restructuring is to establish and develop the socialist market economy. Its main content can be summarised in two parts. The first is the relationship between plan and market or government and market. The second is compatibility or combination of public ownership and market economy. The former is one of the superficial problems, relevant to resource allocation method or economic operation mechanism. The latter stems from deep-rooted problems, represented by ownership or the underlying economic system. These two work together to form the organic integrity of socialist market economy where both similarities and contrasts coexist. Findings The shared ideal of socialism with Chinese characteristics and the lofty goals of communism will then become empty words. In this sense we can say that, whether we can realise the unity and opposition between public ownership and market economy and better integrate advantages of socialist system with strengths of market economy, will to a large extent determine the future and destiny of the socialist market economy. Originality/value As previously mentioned, the relationship between plan and market or government and market are part of resource allocation methods or economic operation mechanism. Compatibility and combination, however, with public ownership and market economy are part of an ownership or basic economic system. Science reveals the nature and developmental law of the socialist market economy. An in-depth study must be conducted on the relationship between public ownership and market economy.

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37

Korovin, Kirill Sergeevich. "Socialist idea and methods of constitutional implementation in 1918". Genesis: исторические исследования, n.º 12 (diciembre de 2021): 268–83. http://dx.doi.org/10.25136/2409-868x.2021.12.37208.

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This article demonstrates that socialism was the key political concept for the nascent Soviet constitutionalism. The matter is that the political-legal ideas of V. I. Lenin underlied the ideology of Bolshevism, which became the basis of the entire legal system of the Soviet state. The author traces the evolution of socialist ideas and their reception by the Russian social democracy. In the Bolshevik party, the idea of a socialist society has acquired rather utopian and radical forms than the initial European model. This was associated with the fact that socioeconomic, political and cultural conditions dictated certain framework for the implementation of socialism. The Communist Party had to establish the socialist principles and fundamentals of the Soviet society on the constitutional level. This led to robust debates on the issue in the constitutional commission. The discourse that emerged due to the adoption of the Constitution of the RSFSR of 1918 is poorly reflected in the scientific publications; therefore, the author provides brief biographical data of the key members of the constitutional commission. This allows correlating the political-legal ideas with the historical and personal contexts. It is worth noting that such concepts as “socialist society”, “association” and “union” underlie the comprehension of the essence of state and law. This served as the basis for further discussion of the goals and objectives of the councils, first steps, as well as rights and responsibilities of citizens.

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38

Markovits, Inga. "Pursuing One's Rights under Socialism". Stanford Law Review 38, n.º 3 (febrero de 1986): 689. http://dx.doi.org/10.2307/1228562.

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39

Prosser, Tony. "Markets, Planning, and Socialism". Journal of Law and Society 15, n.º 1 (1988): 42. http://dx.doi.org/10.2307/1410074.

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40

Balcerowicz, Leszek. "Institutional Change After Socialism and the Rule of Law". Hague Journal on the Rule of Law 1, n.º 02 (septiembre de 2009): 215. http://dx.doi.org/10.1017/s1876404509002152.

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41

Szabó, Zsolt y Herbert Küpper. "Legislation and Legislative Process in Eastern Europe". International Journal of Parliamentary Studies 1, n.º 1 (26 de abril de 2021): 73–108. http://dx.doi.org/10.1163/26668912-bja10008.

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Abstract The study describes and systemises the constitutional requirements on legislation in Eastern Europe. The comparison reveals that the basic structures of the legislative process live up to the standards of the rule of law. The details, however, are quite frequently deficient or problematic. Laws requiring a qualified majority often cause structural problems, based on poor political culture, and the vague and contradictory regulatory framework. Other problems are a legacy of socialism, e.g. the instrumental perception of the law, or the immature separation of powers. However, the apparent homogeneity of the region and its structural problems that was typical of the socialist era, has given way to a stronger differentiation which often reflects differences that existed prior to the socialist dictatorship. This stronger differentiation concerns, i.a. the extent of executive law-making, the structure of parliament (mono- or bicameral), the majority requirement for the decisions in parliament, and the participation of the people in legislation. In the states that have joined the EU, the European criteria of the rule of law have had their effect, whereas the candidate states on the Wester Balkans are on the way of consolidating their legislative system. Further to the East, the rule of law becomes weaker and weaker.

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42

Clark, John Bates. "Anarchism, Socialism, and Social Reform". Journal of the History of Economic Thought 24, n.º 4 (diciembre de 2002): 451–62. http://dx.doi.org/10.1080/1042771022000029887.

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[First page missing from the archive] … embitterment against society; but anarchism assimilates to itself that hostility to law which naturally results from evil doing. The antipathy of the rogue for the halter reinforces this movement. It gathers to itself disreputable elements, and by its outbreaks moves society to resistance. It is a self-terminating movement.Socialism appeals to better classes and has far more strength. Attack the state and you excite feelings of loyalty even among the disaffected classes; but attack the industrial system and appeal to the state, and you may have loyalty in your favor.

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43

Panitch, Leo. "Renewing Socialism". Monthly Review 53, n.º 9 (4 de febrero de 2002): 37. http://dx.doi.org/10.14452/mr-053-09-2002-02_4.

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44

Einstein, Albert. "Why Socialism?" Monthly Review 54, n.º 1 (5 de mayo de 2002): 56. http://dx.doi.org/10.14452/mr-054-01-2002-05_5.

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45

Einstein, Albert. "Why Socialism?" Monthly Review 50, n.º 1 (1 de mayo de 1998): 1. http://dx.doi.org/10.14452/mr-050-01-1998-05_1.

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46

Einstein, Albert. "Why Socialism?" Monthly Review 52, n.º 1 (4 de mayo de 2000): 36. http://dx.doi.org/10.14452/mr-052-01-2000-05_4.

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47

Mrowczynski, Rafael. "Institutional professionalization of lawyers in state-socialism and post-socialism: Poland and Russia compared". International Journal of the Legal Profession 23, n.º 2 (9 de marzo de 2016): 157–84. http://dx.doi.org/10.1080/09695958.2015.1133421.

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48

Zhukov, Vyacheslav N. "K.G. Jung: collective unconscious and German national socialism". Gosudarstvo i pravo, n.º 4 (2022): 21. http://dx.doi.org/10.31857/s102694520019614-6.

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The article examines the views of Swiss psychologist K.G. Jung on German National Socialism from the perspective of his theory of the collective unconscious. According to Jung, understanding the true causes of the emergence of nazism in Germany is possible only by studying the collective unconscious of Germans. The article reveals the mechanism of influence of archetypes on the formation of the ideology and practice of National Socialism. The characterization of the nation, the masses as a biological phenomenon subordinated not so much to reason as to emotions and instincts is given. Jung’s views on dictatorial regimes and dictators of the 20–40s of the XX century are presented.

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49

Thi Duyen, Doan. "THE LAW ON THE DIALECTICAL RELATIONSHIP BETWEEN PRODUCTIVE FORCES AND PRODUCTION RELATIONS AND THE CURRENT APPLICATION OF THIS LAW IN VIETNAM". Isagoge - Journal of Humanities and Social Sciences 1, n.º 8 (15 de diciembre de 2021): 9–19. http://dx.doi.org/10.59079/isagoge.v1i8.73.

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The history of society's development is the history of movement and development, the interchange ability of socio-economic forms from low level to high one. The movement and development of socio-economic forms is due to the dialectical mutual interaction between productive forces and production relations, between infrastructure and superstructure. In this article, the author analyzes the basic contents of the law on the dialectical relationship between productive forces and production relations and the current application of this law in Vietnam. The results show that the practical requirements of the process of building socialism in Vietnam today reveal that the problem of perceiving and creatively applying the law of the dialectical relationship between productive forces and production relations is an urgent requirement, and this is also a way to protect and develop the theory of Marxism-Leninism, thereby making it really vital, persuasive and guide our actions to the chosen destination, which is to successfully build socialism.

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50

Zilbersheid, Uri. "Soviet Socialism in Light of Marx’s Theory". Archiv für Rechts- und Sozialphilosophie 108, n.º 4 (2022): 518–45. http://dx.doi.org/10.25162/arsp-2022-0025.

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