Soviet Legal Innovation and the Law of the Western World

Author: John Quigley;  

Publisher: Cambridge University Press‎

Publication year: 2007

E-ISBN: 9781316978320

P-ISBN(Paperback): 9780521881746

P-ISBN(Hardback):  9780521881746

Subject: D90 theory of law (jurisprudence)

Keyword: 法律

Language: ENG

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Description

This book looks at the Soviet style of law that was adopted slowly in the West during the twentieth century. This book explains the Marxist-inspired legislation that was adopted in Soviet Russia and shows how much of this legislation was later incorporated into the legal systems of the Western world. The book shows that Soviet laws exerted a strong impact on the direction of law in the West. This book explains the Marxist-inspired legislation that was adopted in Soviet Russia and shows how much of this legislation was later incorporated into the legal systems of the Western world. The book shows that Soviet laws exerted a strong impact on the direction of law in the West. 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. Part I. The Soviet Challenge: 1. The industrial revolution and the law; 2. Economic needs as legal rights; 3. Equality in the family; 4. Children and the law; 5. Crime without punishment; 6. A call to 'struggling people'; 7. The withering away of law; Part II. Accommodation in the West: 8. Panic in the palace; 9. Enter the working class; 10. Social welfare rights; 11. The state and the economy; 12. Equality comes to the family; 13. Child-bearing and rights of children; 14. Racial equality; 15. Crime and punishment; Part III. The Bourgeois International Order: 16. Equality of nations; 17. The end of colonies; 18. The criminality of war; 19. Protecting sovereignty; 20. Military intervention; Part IV. Law beyond the Cold War: 21. Triumph of capitalist law?; 22. The moorings of Western law; 23. The impact of change.

Chapter

2 Economic Needs as Legal Rights

Worker Rights

Labor Laws Protecting Women

Housing, Health Care, Education

3 Equality in the Family

Western Law on Status of Spouses

A Revolution in Domestic Relations Law

Engels' Analysis of the Family

Soviet Reliance on Marx and Engels

One Step Backward

The Challenge of Soviet Family Law

4 Children and the Law

Paternity

Adoption

Legitimacy of Children

Parental Leave

Abortion

5 Crime without Punishment

Reducing Punishments

Decriminalization of Sodomy

Prostitution and Its Origin

Eliminating Prostitution

6 A Call to "Struggling People"

Secret Treaties

Colonialism and Imperialism

The Regime of Capitulations

7 The Withering Away of Law

Law as Bourgeois

Russia's Past

A Society without Law

Anti-law Tendency in Russia's Past

PART TWO THE WEST ACCOMMODATES

8 Panic in the Palace

Northern Russia

Siberia

Southern Russia

Controversy in the U. S. Senate

Impact of the Intervention

Isolating the Bolsheviks

9 Enter the Working Class

Trouble in the United States

Labor Law in the West

International Labor Organization

A Right to Organize in the United States

Labor Rights as Constitutional Law

Job Security

Western Labor Legislation as an Accommodation

10 Social Welfare Rights

Legal Aid

Great Depression

Internationally Defined Welfare Rights

11 The State and the Economy

State Socialism in the West

Trading as a Governmental Function

12 Equality Comes to the Family

Women in Public Life

13 Child-Bearing and Rights of Children

Abortion Policy

Communal Child-Care

Legitimacy

Childbirth Leave

14 Racial Equality

The American South at the United Nations

The U.S. Brief to the Supreme Court

Other Race Issues in the United States

Law as Teacher

Human Rights Enforcement

15 Crime and Punishment

Sodomy

Prostitution

PART THREE THE BOURGEOIS INTERNATIONAL ORDER

16 Equality of Nations

Public Registration of Treaties

Capitulations

The Mandate System

The Mandate System and Colonialism

17 The End of Colonies

Wars of National Liberation

Compensation for Colonialism

18 The Criminality of War

Hostage-taking

Status of Guerrillas

International War Crimes Trials

War as a Crime

Trial of Industrialists

19 Protecting Sovereignty

Reservations to Multilateral Treaties

A New Role for the UN General Assembly

Guarding Borders

Complicity

20 Military Intervention

Covert Intervention

Overt Intervention

Treaties Under the Gun

PART FOUR LAW BEYOND THE COLD WAR

21 Triumph of Capitalist Law?

22 The Moorings of Western Law

A Loss of Values?

23 The Impact of Change

The Route of Change

Does an Influence Matter?

Notes

PREFACE

1. THE INDUSTRIAL REVOLUTION AND THE LAW

2. ECONOMIC NEEDS AS LEGAL RIGHTS

3. EQUALITY IN THE FAMILY

4. CHILDREN AND THE LAW

5. CRIME WITHOUT PUNISHMENT

6. A CALL TO “STRUGGLING PEOPLE”

7. THE WITHERING AWAY OF LAW

8. PANIC IN THE PALACE

9. ENTER THE WORKING CLASS

10. SOCIAL WELFARE RIGHTS

11. THE STATE AND THE ECONOMY

12. EQUALITY COMES TO THE FAMILY

13. CHILD-BEARING AND RIGHTS OF CHILDREN

14. RACIAL EQUALITY

15. CRIME AND PUNISHMENT

16. EQUALITY OF NATIONS

17. THE END OF COLONIES

18. THE CRIMINALITY OF WAR

19. PROTECTING SOVEREIGNTY

20. MILITARY INTERVENTION

21. TRIUMPH OF CAPITALIST LAW?

22. THE MOORINGS OF WESTERN LAW

23. THE IMPACT OF CHANGE

Bibliography

Index

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