Soviet Legal Innovation and the Law of the Western World

Legal History

Soviet Legal Innovation and the Law of the Western World

By John Quigley
Cambridge University Press August 2012

Specifications

ISBN-13
9781107406254
Publisher
Cambridge University Press
Publication
August 2012
Format
Paperback , 276 pages
Jurisdiction
International ? Countri(es) for reference only

Details

This book was first published in 2007. The government of Soviet Russia wrote new laws for Russia that were as revolutionary as its political philosophy. These new laws challenged social relations as they had developed in Europe over centuries. These laws generated intense interest in the West. To some, they were the harbinger of what should be done in the West, hence a source for emulation. To others, they represented a threat to the existing order. Western governments, like that of the Tsar, might be at risk if they held to the old ways. Throughout the twentieth century Western governments remade their legal systems, incorporating an astonishing number of laws that mirrored the new Soviet laws. Western law became radically transformed over the course of the twentieth century, largely in the direction of change that had been charted by the government of Soviet Russia.

Table of Contents

PART ONE. THE SOVIET CHALLENGE  
1   The Industrial Revolution and the Law 3
2   Economic Needs as Legal Rights 9
3   Equality in the Family 17
4   Children and the Law 27
5   Crime without Punishment 34
6   A Call to “Struggling People” 47
7   The Withering Away of Law 53
PART TWO. THE WEST ACCOMMODATES  
8   Panic in the Palace 65
9   Enter the Working Class 74
10   Social Welfare Rights 87
11   The State and the Economy 95
12   Equality Comes to the Family 103
13   Child-Bearing and Rights of Children 108
14   Racial Equality 115
15   Crime and Punishment 125
PART THREE. THE BOURGEOIS INTERNATIONAL ORDER  
16   Equality of Nations 133
17   The End of Colonies 143
18   The Criminality of War 148
19   Protecting Sovereignty 158
20   Military Intervention 165
PART FOUR. LAW BEYOND THE COLD WAR  
21   Triumph of Capitalist Law? 175
22   The Moorings of Western Law 180
23   The Impact of Change 188
Notes 195
Bibliography 239
Index 25

About the Author

John Quigley
Ohio State University School of Law

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