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The Death of Socialist Law?

The Death of Socialist Law? 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. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Annual Review of Law and Social Science Annual Reviews

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Publisher
Annual Reviews
Copyright
Copyright © 2007 by Annual Reviews. All rights reserved
ISSN
1550-3585
eISSN
1550-3631
DOI
10.1146/annurev.lawsocsci.3.081806.112849
Publisher site
See Article on Publisher Site

Abstract

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.

Journal

Annual Review of Law and Social ScienceAnnual Reviews

Published: Dec 1, 2007

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