Revolution in Law: Contributions to the Legal Development of Soviet Legal Theory, 1917-38


Book Description

The essays in this volume reassess pre-revolutionary Russian legal culture, the debates of the 1920s over the role of law under socialism, and the abrupt and bloody termination of the debate which took place in the 1930s.




Revolutions in International Law


Book Description

In 1917, the October Revolution and the adoption of the revolutionary Mexican Constitution shook the foundations of the international order in profound, unprecedented and lasting ways. These events posed fundamental challenges to international law, unsettling foundational concepts of property, statehood and non-intervention, and indeed the very nature of law itself. This collection asks what we might learn about international law from analysing how its various sub-fields have remembered, forgotten, imagined, incorporated, rejected or sought to manage the revolutions of 1917. It shows that those revolutions had wide-ranging repercussions for the development of laws relating to the use of force, intervention, human rights, investment, alien protection and state responsibility, and for the global economy subsequently enabled by international law and overseen by international institutions. The varied legacies of 1917 play an ongoing role in shaping political struggle in the form of international law.




Revolution in Law


Book Description

The essays in this volume reassess pre-revolutionary Russian legal culture, the debates of the 1920s over the role of law under socialism, and the abrupt and bloody termination of the debate which took place in the 1930s.




Gleaning for Communism


Book Description

Gleaning for Communism is a historical ethnography of the property regime upon which Soviet legal scholars legislated a large modern state as a household, with guaranteed rights to a commons of socialist property, rather than private possessions. Starting with former Leningrad workers' everyday stories about smuggling industrial scrap home over factory fences, Xenia Cherkaev traces collectivist ethical logic that was central to this socialist household economy, in theory and practice: from its Stalin-era inception, through Khrushchev's major foregrounding of communist ethics, to Gorbachev's perestroika, which unfurled its grounding tension between the interests of any given collective and of the socialist household economy itself. A story of how the socialist household economy functioned, how it collapsed, and how it was remembered, this book is haunted throughout by a spectral image of the totalitarian state, whose jealous political control over the economy leads it to trample over all that which ought to be private. Underlying this image, and the neoliberal state phobia it justified, is the question of how individual interests ought to relate to the public good in a large modern society, which, it is assumed, cannot possibly function by the non-private logics of householding. This book tells the story of a large modern society that did.




Reforming Justice in Russia, 1864-1994: Power, Culture and the Limits of Legal Order


Book Description

Measuring Russian legal reform in relation to the rule-of-law ideal, this study also examines the legal institutions, culture and reform goals that have actually prevailed in Russia. Judgements about future prospects are measured, adding new dimensions to our understanding of the Soviet legacy.




Stalinism As a Way of Life


Book Description

"Maybe some people are shy about writing, but I will write the real truth. . . . Is it really possible that people at the newspaper haven't heard this. . . that we don't want to be on the kolkhoz [collective farm], we work and work, and there's nothing to eat. Really, how can we live?"-a farmer's letter, 1936, from Stalinism as a Way of Life What was life like for ordinary Russian citizens in the 1930s? How did they feel about socialism and the acts committed in its name? This unique book provides English-speaking readers with the responses of those who experienced firsthand the events of the middle-Stalinist period. The book contains 157 documents-mostly letters to authorities from Soviet citizens, but also reports compiled by the secret police and Communist Party functionaries, internal government and party memoranda, and correspondence among party officials. Selected from recently opened Soviet archives, these previously unknown documents illuminate in new ways both the complex social roots of Stalinism and the texture of daily life during a highly traumatic decade of Soviet history. Accompanied by introductory and linking commentary, the documents are organized around such themes as the impact of terror on the citizenry, the childhood experience, the countryside after collectivization, and the role of cadres that were directed to "decide everything." In their own words, peasants and workers, intellectuals and the uneducated, adults and children, men and women, Russians and people from other national groups tell their stories. Their writings reveal how individual lives influenced-and were affected by-the larger events of Soviet history.




Lenin's Terror


Book Description

This book explores the development of Lenin’s thinking on violence throughout his career, from the last years of the Tsarist regime in Russia through to the 1920s and the New Economic Policy, and provides an important assessment of the significance of ideological factors for understanding Soviet state violence as directed by the Bolshevik leadership during its first years in power. It highlights the impact of the First World War, in particular its place in Bolshevik discourse as a source of legitimating Soviet state violence after 1917, and explains the evolution of Bolshevik dictatorship over the half decade during which Lenin led the revolutionary state. It examines the militant nature of the Leninist worldview, Lenin’s conception of the revolutionary state, the evolution of his understanding of "dictatorship of the proletariat", and his version of "just war". The book argues that ideology can be considered primarily important for understanding the violent and dictatorial nature of the early Soviet state, at least when focused on the party elite, but it is also clear that ideology cannot be understood in a contextual vacuum. The oppressive nature of Tsarist rule, the bloodiness of the First World War, and the vulnerability of the early Soviet state as it struggled to survive against foreign and domestic opponents were of crucial significance. The book sets Lenin’s thinking on violence within the wider context of a violent world.




Stalin's Soviet Justice


Book Description

From the 'show' trials of the 1920s and 1930s to the London Conference, this book examines the Soviet role in the Nuremberg IMT trial through the prism of the ideas and practices of earlier Soviet legal history, detailing the evolution of Stalin's ideas about the trail of Nazi war criminals. Stalin believed that an international trial for Nazi war criminals was the best way to show the world the sacrifices his country had made to defeat Hitler, and he, together with his legal mouthpiece Andrei Vyshinsky, maintained tight control over Soviet representatives during talks leading up to the creation of the Nuremberg IMT trial in 1945, and the trial itself. But Soviet prosecutors at Nuremberg were unable to deal comfortably with the complexities of an open, western-style legal proceeding, which undercut their effectiveness throughout the trial. However, they were able to present a significant body of evidence that underscored the brutal nature of Hitler's racial war in Russia from 1941-45, a theme which became central to Stalin's efforts to redefine international criminal law after the war. Stalin's Soviet Justice provides a nuanced analysis of the Soviet justice system at a crucial turning point in European history and it will be vital reading for scholars and advanced students of the legal history of the Soviet Union, the history of war crimes and the aftermath of the Second World War.




Whitaker's Books in Print


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The Law Librarian


Book Description