Socialist Law


                         Socialist Law

The Socialist Family

       Socialist law is based on Marxian philosophy.
        It is the official name of the legal system of Communist states.
       Socialist law is mostly influenced from civil law system, with major modifications and additions from Marxist-Leninist ideology.

Socialist law

       However, there is fundamental difference between civil law family and socialist family of law.
       The objective of law in civil law family has been defining the notion/concept of private property (the method of acquiring property, its transfer and protection, while Socialist legal systems see the concept of private property as the source of all evils.
       Socialist Legality postulates (assume) that in a socialist society, the law should serve as a tool to promote the development of socialism.
       Function of law is to protect the socialist goal, repress the reactionaries and teach the people about socialist goal.
       Marxists view that law existing in a given society is determined by its socio-economic system.
       It is the superstructure standing on economic sub-structure.
       In a society with private property there are two classes the haves and have not's.
       The development of law is connected with class struggle or class contradiction, socio-economic inequality and consequential result of political relations of domination and suppression.

Socialist view of law

       Karl Marx views that the whole reality of the world is irrecoverable objectively and anything spiritual, ideal or conceptual is merely a reflection of the particular material reality.
        All the ideas; the religion, moral philosophy, art and whole stock of political and legal rules and institutions (collectively called the state and the law) are not independent at all.
       They do not derive from any given eternal and unchangeable idea of law and justice.
       They are parts of superstructures, which simply reflect the economic foundation and relation of productions especially serving as tool, which the ruling class uses to maintain its existing position of power in society and the economy.
       Law has no independent identity or autonomy.
       Economic foundation/base changes alter through history by dialectical leaps.
        New forces of productions arise, develop and spread the contradictions with existing relations leading to revolutionary change in relations of production.
       This also brings change in the in the superstructure like law.
       State and law are identical. There is no law without state and there is no state without law;
       State and law are two different words designating the same thing.
       The law is an instrument, which in the class struggle safeguards the interests of the ruling class and maintains the social inequality for its own profit.
       The basis of socialist law is Marxism, Leninism, (dialectical and historical materialism.
       Society starts in condition where no legal system is needed because all property is owned in common.
       Society develops through the slave owning society, feudal society and then capitalism, socialism and communism.
       In communism, there will be no need of law because all economic contradictions are resolved and all exploitation of man by man will be ended.
       The state and legal order will than die away, for they will have no functions left.

Role of law

       In the society with private ownership law is an instrument used by the ruling class or haves to dominate the have not's.
       After the establishment of socialist state in the leadership of proletariat (working class) law serves the interest of the people or working class.
       It is an intermediate period and role of law will be important in assuring, stabilizing and molding social conditions.
       Marxists view that the leaders of the communist party alone have the necessary training and education to make law appropriate for leading the society in the right direction i.e. toward socialism.
       Practice of law is tied to this principle of socialist legality (using law for development of society toward socialism).

 Double edge of law

       All these engaged in applying laws, must always act in harmony with the objective legality of social development as interpreted by communist party.
       Law has two functions; repression (repressing the reactionaries and education (educating the people).
       It is called the double edge of law -sfg"gsf b'Owf/ hgtfnfO{ lzlIft agfpg] / k|ltlqmofjfbLnfO{ bdg ug]{_.

Marxist view of law

       Marxists view that the capitalist system promotes exploitation through private ownership of means of production. (the owners are empowered to exploit other individual/ class.)
       All state machinery are used to disseminate the ideas of capitalist system to sustain it.
       In socialist society, the situation is just opposite; there will be no exploitation is as the means of production are brought into collective ownership.
       Marxists’ view that; the history of human-society is the history of class struggle.
       In the struggle the turning point is marked by the victories of the exploited/working class.
       Then the means of production will be owned collectively and they will be exploited for the common interest.
       Finally, classless society will be created and the law will have no relevancy and wither away.
       After the victory in revolution under the leadership of proletariat/working class the state power comes under the control of communist party
       The role of law will also be changed  (socialist stage), law will be an instrument of creating communist (classless) society.
       It is the means of transforming the society toward the communist ideal (the classless society with true liberty).
       In socialist stage it is an instrument of new ruling class for changing the society from capitalism to socialism.

Function of law 

       In short, the function of socialist law is to create collective ownership over the means of production.
       All the means of production are brought under the control of the state. (There will be private property like house, furniture, kitchen garden and utensils etc., the  properties under the ownership of community for collective use like agricultural firms, factories and forests and property owned by the state like larger industries, hospitals, large agricultural firms).
       The Second function of socialist law is educative i.e educating people about the role of state and their duties toward the regime.
       Punishing people for breaking socialist law means educating them.
       The third function of law is to repress the reactionaries who try to revive their heaven or system of exploitation. (The function of law in capitalist society is to preserve the capitalist system, the function of socialist law is to protect the socialist system.
       Law aims at repressing the activities that harm the socialist institutions.

Law withers away

       In the course of development, communist or classless society (society without exploitation) emerges
        In classless society, no state and law will be needed and state and law will wither away.
        However, in social period (radical transformation from capitalist to communist society) there will be the dictatorship of the proletariat.
       Law will be used by the proletariat class for building communism.

Sources of socialist law

       As per the Marxian view law is not independent branch of knowledge but  based on socio economic structure of society.
       Thus the sources of law are not independent from source of power and authority.
       The fundamental source of socialist law is composed of two factors; first the collectivization of means of production and second establishment of dictatorship of proletariat.
       The basic source of socialist law is the Marxist and Leninist principle.
       Since the law is necessary for the execution of socio economic objective of the state based on Marxist Leninist philosophy it is natural for the law being influenced from this philosophy.
       The decisions of the convention of the communist party are another important source of law.
        Other sources of law are legislation, constitution, codes, customs, international conventions, and the writings of Marxists authors.

Comments

Popular posts from this blog

Questions and Answers of ‘My Mother Never Worked’

Questions and Answers of 'The Case Against Air Conditioning'

Summary of 'The Case Against Air Conditioning