The Concept of Socialist Law

The Concept of Socialist Law

Author: Christine Sypnowich

Publisher: Oxford : Clarendon Press ; New York : Oxford University Press

Published: 1990

Total Pages: 224

ISBN-13:

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While political thinkers on the left are undisputably concerned with justice, they dismiss those legal institutions which, in liberal capitalist societies, have insured some minimum measure of justice in citizen's lives. Here, Sypnowich argues against this doctrine by showing that however ideal a society socialists envisage, legal institutions would be necessary to fairly adjudicate conflict between private and public interests. Each chapter addresses an issue in liberal jurisprudence to see how it would fare in a socialist theory that takes a constructive approach to law. Among the subjects covered are the rule of law, natural and legal rights, obligation, and the sources of law.


Socialist Law in Socialist East Asia

Socialist Law in Socialist East Asia

Author: Hualing Fu

Publisher: Cambridge University Press

Published: 2018-07-05

Total Pages: 463

ISBN-13: 1108424813

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A fresh perspective on socialist law as practiced in China and Vietnam, two major socialist states.


Asian Socialism & Legal Change

Asian Socialism & Legal Change

Author: John Gillespie

Publisher: ANU E Press

Published: 2005-08-01

Total Pages: 354

ISBN-13: 1920942270

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The immense process of economic and social transformation currently underway in China and Vietnam is well known and extensively documented. However, less attention has been devoted to the process of Chinese and Vietnamese legal change which is nonetheless critical for the future politics, society and economy of these two countries. In a unique comparative approach that brings together indigenous and international experts, Asian Socialism and Legal Change analyzes recent developments in the legal sphere in China and Vietnam. This book presents the diversity and dynamism of this process in China and Vietnam-the impact of socialism, constitutionalism and Confucianism on legal development; responses to change among enterprises and educational and legal institutions; conflicts between change led centrally and locally; and international influences on domestic legal institutions. Core socialist ideas continue to shape society, but have been adapted to local contexts and needs, in some areas more radically than in others. This book is the first systematic analysis of legal change in transitional economies.


Law and the Rise of Capitalism

Law and the Rise of Capitalism

Author: Michael Tigar

Publisher: NYU Press

Published: 2000-06

Total Pages: 351

ISBN-13: 1583670300

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Tigar (Washington College of Law, American U.) has written a new introduction and extended afterword that update this Marxist analysis of law and jurisprudence, originally published in 1977. The study traces the role of law and lawyers in the rise of the European bourgeoisie. The new material discusses human rights issues and social movements over the past two decades, including political prisoners and the death penalty. c. Book News Inc.


Socialism - An Economic and Sociological Analysis

Socialism - An Economic and Sociological Analysis

Author: Ludwig von Mises

Publisher: VM eBooks

Published: 2016-11-24

Total Pages: 766

ISBN-13:

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Socialism is the watchword and the catchword of our day. The socialist idea dominates the modem spirit. The masses approve of it. It expresses the thoughts and feelings of all; it has set its seal upon our time. When history comes to tell our story it will write above the chapter “The Epoch of Socialism.” As yet, it is true, Socialism has not created a society which can be said to represent its ideal. But for more than a generation the policies of civilized nations have been directed towards nothing less than a gradual realization of Socialism.17 In recent years the movement has grown noticeably in vigour and tenacity. Some nations have sought to achieve Socialism, in its fullest sense, at a single stroke. Before our eyes Russian Bolshevism has already accomplished something which, whatever we believe to be its significance, must by the very magnitude of its design be regarded as one of the most remarkable achievements known to world history. Elsewhere no one has yet achieved so much. But with other peoples only the inner contradictions of Socialism itself and the fact that it cannot be completely realized have frustrated socialist triumph. They also have gone as far as they could under the given circumstances. Opposition in principle to Socialism there is none. Today no influential party would dare openly to advocate Private Property in the Means of Production. The word “Capitalism” expresses, for our age, the sum of all evil. Even the opponents of Socialism are dominated by socialist ideas. In seeking to combat Socialism from the standpoint of their special class interest these opponents—the parties which particularly call themselves “bourgeois” or “peasant”—admit indirectly the validity of all the essentials of socialist thought. For if it is only possible to argue against the socialist programme that it endangers the particular interests of one part of humanity, one has really affirmed Socialism. If one complains that the system of economic and social organization which is based on private property in the means of production does not sufficiently consider the interests of the community, that it serves only the purposes of single strata, and that it limits productivity; and if therefore one demands with the supporters of the various “social-political” and “social-reform” movements, state interference in all fields of economic life, then one has fundamentally accepted the principle of the socialist programme. Or again, if one can only argue against socialism that the imperfections of human nature make its realization impossible, or that it is inexpedient under existing economic conditions to proceed at once to socialization, then one merely confesses that one has capitulated to socialist ideas. The nationalist, too, affirms socialism, and objects only to its Internationalism. He wishes to combine Socialism with the ideas of Imperialism and the struggle against foreign nations. He is a national, not an international socialist; but he, also, approves of the essential principles of Socialism.


John Rawls: Reticent Socialist

John Rawls: Reticent Socialist

Author: William A. Edmundson

Publisher: Cambridge University Press

Published: 2017-07-10

Total Pages: 223

ISBN-13: 1107173191

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The first detailed reconstruction of the late work of John Rawls, further developing his ideas of 'justice-as-fairness'.


National Socialist Family Law

National Socialist Family Law

Author: Mariken Lenaerts

Publisher: Martinus Nijhoff Publishers

Published: 2014-11-06

Total Pages: 347

ISBN-13: 9004279318

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In National Socialist Family Law, Mariken Lenaerts analyses the possible influence of National Socialism on marriage and divorce law in Germany and the Netherlands. As the family was regarded the germ-cell of the nation, the Nazis made many changes in German and Dutch marriage and divorce law to suit their purpose of a thousand-year Aryan Reich. By making extensive use of archival resources, Mariken Lenaerts gives an overview of the most important changes adopted in marriage and divorce law by the Nazis and proves that although daily marital life in both countries was highly influenced by National Socialism, marriage and divorce law did not become National Socialist. Listen to Lenaerts explaining about her project: https://www.youtube.com/watch?v=TINKR6xKyUQ. In 2013 the book was awarded the Prix Fondation Auschwitz – Jacques Rozenberg.


Socialism: The Failed Idea That Never Dies

Socialism: The Failed Idea That Never Dies

Author: Kristian Niemietz

Publisher: London Publishing Partnership

Published: 2019-02-07

Total Pages: 401

ISBN-13: 0255367716

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Socialism is strangely impervious to refutation by real-world experience. Over the past hundred years, there have been more than two dozen attempts to build a socialist society, from the Soviet Union to Maoist China to Venezuela. All of them have ended in varying degrees of failure. But, according to socialism’s adherents, that is only because none of these experiments were “real socialism”. This book documents the history of this, by now, standard response. It shows how the claim of fake socialism is only ever made after the event. As long as a socialist project is in its prime, almost nobody claims that it is not real socialism. On the contrary, virtually every socialist project in history has gone through a honeymoon period, during which it was enthusiastically praised by prominent Western intellectuals. It was only when their failures became too obvious to deny that they got retroactively reclassified as “not real socialism”.


Justice in Lüritz

Justice in Lüritz

Author: Inga Markovits

Publisher: Princeton University Press

Published: 2010-08-30

Total Pages: 257

ISBN-13: 140083659X

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As a child, Inga Markovits dreamt of stealing and reading every letter contained in a mailbox at a busy intersection of her town in order to learn what life is all about. When, decades later, working as a legal historian, she tracked down the almost complete archive of a former East German trial court, she knew that she had finally found her mailbox. Combining her work in this extraordinary archive with interviews of former plaintiffs and defendants, judges and prosecutors, government and party functionaries, and Stasi collaborators, all in the little town she calls "Lüritz," Markovits has written a remarkable grassroots history of a legal system that set out with the utopian hopes of a few and ended in the anger and disappointment of the many. This is a story of ordinary men and women who experienced Socialist law firsthand--people who applied and used the law, trusted and resented it, manipulated and broke it, and feared and opposed it, but who all dealt with it in ways that help us understand what it meant to be a citizen in a twentieth-century Socialist state, what "Socialist justice" aimed to do, and how, in the end, it failed. Brimming with human stories of obedience and resistance, endurance and cunning, and cruelty and grief, Justice in Lüritz is ultimately a book about much more than the law, or Socialism, or East Germany.


Constitutional Change in the Contemporary Socialist World

Constitutional Change in the Contemporary Socialist World

Author: Ngoc Son Bui

Publisher: Oxford University Press

Published: 2020-07-24

Total Pages: 385

ISBN-13: 0192592025

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After the collapse of the Soviet bloc, there are only five socialist or communist countries left in the world – China, Cuba, Laos, North Korea, and Vietnam – which constitute about one-quarter of the world’s population. Yet, there is little scholarship on their constitutions. These countries have seen varying socioeconomic changes in the decades since 1991, which have led in turn to constitutional changes. This book will investigate, from a comparative and interdisciplinary perspective, how and why the constitutional systems in these five countries have changed in the last three decades. The book then breaks the constitutional changes down into four questions: what are the substantive contents of constitutional change, what are the functions, what are the mechanisms, and what are the driving forces? These questions form a framework to process the changes the five countries have gone through, such as making new constitutions, amending current ones, introducing more rights, allowing citizens to engage in changes, enacting legislation, and defining the constitutional authority of the three state branches and their relationship with the Communist Party. While all five countries have adapted their constitutional systems, the degree, mechanisms, and influential factors are not identical and present considerable variations. This book examines and explores these differences and how they developed. Constitutional Change in the Contemporary Socialist World offers a comprehensive and holistic view of an understudied and overlooked area of constitutional law, essential for anyone studying or working in law, politics, or policy.