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Before the collapse of socialism, Western comparative lawyers more or less agreed that socialist law was different from the law of capitalist legal systems. But was it different enough no longer to have a place in the new democracies of Eastern Europe? This review looks at the socialist features of pre-1989 East European law and suggests that Marxist law never existed in the first place; that the Stalinist aspects of socialist law, while not extinct, were not confined to the law of Eastern Europe and thus not necessarily socialist; and that the parental qualities of law in the former Soviet Bloc correspond well not only with the needs of unsettled and impoverished populations in Eastern Europe, but with the modern welfare state in general.
Annual Review of Law and Social Science – Annual Reviews
Published: Dec 1, 2007
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