Popular Justice and The Rule of Law (Soviet law)

Luciano Dondero DOND001 at it.net
Mon Feb 26 11:02:59 MST 1996


The attempt by you (Justin) to support some kind of inherent value in the
rule of law is something that sounds extremely rational and appropriate from
a Socialist, Marxist standpoint.

If I remember correctly, it were people like Lenin and Trotsky who argued
that Socialism could only be built starting from the wealth of knowledge and
gains of the previous bourgeois society. It is noteworthy that they made a
point of saying it every time they were addressing youngish and
leftist-minded audiences.

However, what might be even more interesting right now for the Marxism l*st
(and for the dwellers of Msixram) in order to develop the discussion further
may be some reference to the actual attempts to implement some rule of the
law in Soviet Russia. Unfortunately I don't have those books handy right
now, but there are two important authors who did a lot to establish a
judicial system going.

One is P.I. Stuchka, who was Commissar of Justice in Lenin's first
government. And the other Pashukanis. (I used to have an Italian-language
version of selected writing of the former, don't know whether/what exists in
English).

This was of course terminated in the course of the 1930's when the Soviet
Union was "gleichhalt-ed" (ie. "made uniform", the original is a Nazi word,
which is why...) under Stalin rule of "proletarian law".

A summary, but detailed, treatment of the issues can be found in E.H.Carr's
monumental "A History of Soviet Russia".

Luckily for most of us in countries where the working class is strong,
people like Pol Pot and the Red Brigades don't have many chances to come to
power and show us the true ways of "Marxism-Leninism-Maoism-Gonzalo (or any
other asshole) Thought"...

Keep up the good work!

P.S.:  BTW, one of those fortunate countries is indeed Peru, as well as most
of Latin America.
--Luciano Dondero--



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