Development of the Socialist Legal System

socialism in europe and the russian Revolution 

Development of the Socialist Legal System

Introduction:

The development of the socialist legal system underwent significant changes and adaptations over time. Understanding its historical progression is essential for law students. This question will provide a concise overview of the key developments within the socialist legal system.

I. Early Years and Idealistic Approaches:

A. Marxist Leninist Theory: Initially, the Soviet legal institutions followed

"Marxist Leninist Theory"

•  which considered law and the state as capitalist institutions
•  that would eventually wither away in a classless society.

B. Elimination of Pre-Revolutionary Legal Institutions: 

From 1917-1921, the new Soviet regime aimed to

•  eliminate the legal institutions of the pre-revolutionary period,

 

• replacing them with new classless society practices.

C. Restoration of Law under NEP: 

The New Economic Policy (NEP) introduced by Lenin in 1921 

• restored a certain degree of capitalism,
•  necessitating the restoration of law. 
• Various legal codes were promulgated during this period.

II. Shifts and Stabilization:

A. Obsolescence of NEP Legal Institutions: 

With the end of NEP in 1928, the legal institutions established during that time

•  became obsolete
• as Communist party replaced law in many areas.

B. Stalin's Call for Stability: 

In the mid-1930s, there was a shift towards stability, 

with Stalin emphasizing the need for stability in laws and social relations.

 

C. Liberalization after Stalin:

 Following Stalin's death, Soviet law underwent substantial liberalization. 

Many branches of law were re-examined and harsh features were removed.

 

D. Enactment of Fundamental Principles:

Between 1958 and 1962, the U.S.S.R. Supreme Soviet enacted

•  "Fundamental Principles" 

1. in criminal law, 
2. criminal procedure,
3. civil law,
4.  civil procedure,
5.  and judicial administration.

E. Ongoing Reforms: 

The enactment of new codes and fundamental principles continued in various Soviet republics, leading to liberalization, systematization, and rationalization of the legal system.

Conclusion:

The development of the socialist legal system witnessed various shifts and adaptations. From the idealistic approach of considering law and the state as temporary institutions to the restoration of law under NEP and subsequent stabilization efforts, the system evolved. Following Stalin's era, substantial liberalization occurred, leading to the enactment of "Fundamental Principles" and ongoing reforms. Understanding these developments is crucial for law students seeking to grasp the progression of the socialist legal system.