Born Twenty years after the October Revolution the Soviet legal system was modeled in the definition of social rights of citizenship in the countries of Western capitalism
In December 1887, after a few months of attendance, a young student petit bourgeois origins, he was expelled from the Faculty of Law, University of Kazan in imperial Russia. Attended anti-tsarist circles. The things had gone better than his brother who was executed just before an attack to the Tsar. The young man, Vladimir Ilich Ulyanov, was a particular type. He applied for readmission in Kazan, but his application was rejected. He applied to go abroad to study, but this does not was accepted. Finally he managed to enroll as "external student" ie without the right frequency, the University of St. Petersburg. In 1891, the young Ulyanov came to support the bar exam. He received the highest rating in all subjects: the only candidate of his year to achieve that excellence. Despite the brilliant start, Ulyanov was not destined for a bright legal career.
Less than a generation after proving the right to know Tsarist Best of all, Ulyanov, now known as Lenin, did away entirely with the stroke of a pen. Began, surrounded by unspeakable difficulties, a route in creating a new legal order, the impact of global continued until twenty years ago, allowing the Western legal world to reach the zenith of its civilization.
The Soviet legality
I do not think there is an aspiring lawyer (or notary or judge) that during the preparation of its investigation, not hate the object of his study to the point of need, even for a moment, its abolition. Nor do I believe there is a better description of the attitude of a revolutionary than the right of that found in Voltaire: "You want good laws? Throw everything you have and create the new. " Not many know however that this widespread yearning (we find it as such in the rhetoric of the early years of American Revolution mocked by Grant Gilmore) was satisfied by the Bolsheviks in a more advanced and constructive than it has ever been able to anyone else. An experiment in building a new legality that has never had parties for the entire twentieth century.
I think it serves a need for historical truth, the very time when we are surrounded by mediocre literature celebrating the 1989 revolution that check just happens to coincide with its copious straparlare the end of the crisis, to retrace over very brief , the contribution of the global legal order by seventy years of development of socialist legality. This is not just to finish the triptych of legal expertise 'Other' published on these pages (The manifesto of 30 September and 15 November), but also to overcome an image of socialist legality which still, twenty years after the end of the Cold War, suffers the most vulgar propaganda Atlanticist. In fact, during the Cold War writers like Hayek, Rostow, or Roscoe Pound and then countless singers in the wake of Fukuyama have built a fetish of law in opposition to the West '(the) socialist legality.
processes to Lubyanka
The construction of a dominant western law does not pass only through the "lack" of law in the contemporary from China to the Islamic world, but is based mainly in the refusal to acknowledge the contribution of socialism made to our own legal experience, then through a denial of historical experience made not only in the Soviet Union but also by us in the past. Speaking in 1990, Bush declared that "with the Soviet Union finally disappeared," the U.S. would "build a world where the rules of law would replace the law of the jungle, a world in which nations recognize the shared responsibility for freedom and justice, a world where the strong respect the rights of the weak. "
is now finally justice to this idea of socialist legality as the "law of the jungle 'accompanied by gruesome images of summary trials conducted at the Lubyanka, or on the periphery of the African Negus red during the terror of the Derg. Clearly, you walk along a road is not easy because what interests us is really made to restore the contribution of socialism (with Stalinism and everything else) to international legality and the contribution of the socialist civilization, which is so easier and granted at least interesting. In fact it is not enough to try on the tragic controversy of the thirties that cost the lives of Evgeny Pashukanis, author of a key The General Theory of Law and Marxism, fell in disgrace following the controversy with the Grand Inquisitor Andrey Vishinsky, needed or not the disappearance of the right (and thus his or her role and that of the State) in the transition between socialism and communism.
I want to show how the legal ideas of Lenin have led to a rewriting incredibilmnte advanced new law, by enacting laws designed finally to the liberation and oppression. It seems to me that this right is mirrored in forced capitalism to profoundly transform its legal institutions of economic exploitation in the direction of more inclusive and respectful of the person. It is obvious that the different narrative that I intend to share the analysis and evaluation of Angelo d'Orsi the consequences of the fall of the Berlin Wall on the legal culture, which forces us today to a huge reconstruction effort because capitalism has no more incentive to show a face of international civil aviation.
A constitution to be studied
Bolshevik legislation since 1917 began to bear the conditions of the Soviet population. Lenin dreamed of a system based on the right to a roof over your head, free medical care and a job. No government in history had never before taken charge of such social responsibilities. Before the twenties, when industrialization was still far away, the law guarantees the job in a historic moment when the West the owner could fire the employee at any time. The Soviet workers were entitled to medical insurance at the expense of the employer, a benefit for incapacity to work, significant periods of rest paid during illness. The working day was given a limit of eight hours to six days a week (reduced to 7 in 1928) while still in the United States was unconstitutional law to limit working hours for children. He was retired from the strenuous work in 50 years, and set up schools for lifelong learning, free, in which workers were able to deliver securities and higher education. He was born on those first few years of work and collective bargaining were established forms of industrial democracy. A sustained program of nationalizations made this right effective, especially for use. During the crisis of '29 when unemployment reached astonishing figures in the West, the Soviet economy boasted high employment levels.
The women were given a level of legal protection that was achieved elsewhere, when reached, half a century later. For example, single mothers with dependent children was granted preferential treatment, job close to home, nursery schools and free support. All such rights, including equal pay between the genders, were constitutionalized for the first time since Stalin in '36. Already in '17 they tried to make the right wing of the house by moratorium rents and, shortly thereafter, rent control. The industry had to offer home workers. Since 1921 houses nationalized the employee does not have to pay rent or expenses. Impressonanti public building programs solved, albeit in an unsatisfactory manner, the housing problem already with the industrialization of the thirties.
The discontent of the fourth state
The progress of the legislation were equally significant in other western areas: the equality between spouses, divorce and abortion, without restrictions already introduced in 1917. The women had the right to time off for maternity keeping their jobs. As early as 1918 over half a century before Italy in the children born out of wedlock were seen the same rights of legitimate children. In criminal law Lenin strove to give effect to the principle of rieducazone due to the concept of crime as a product of social conditions. The sentences were reduced radicalmete, replaced by the prison re-education camps where they could learn a job. The euthanasia was decriminalized sodomy, and so since 1920. Important programs, learn to protect the rights of sex workers, were established to solve the problem of prostitution. In international law, the Soviet government denounced the practice of secret treaties concluded by the Tsar pubbici over 100 against the most various peoples. In 1919, the Bolshevik government renounced all its privileges including international and extraterritoriality enjoyed by capitulations in Persia, China, Afghanistan and Turkey.
This set of national laws in a panic threw the Western governments dealing with the discontent of the fourth state. The answer to this situation engenders a transformation that seemed definitive legal in Italy when still in the early eighties, I attended the Law Faculty as a student (staff workers, rent control, Law on the house). Immediately after the conference of Versailles after World War I, was born the ILO (International Labour Organization) and the Soviet model inspired the social aspects of Constitutions of the Second World War, as well as areas that now seem more utopian of the Charter of the United Nations and the European Convention on Human Rights. Soviet legislation led the transformation in the Western conception of international law (including decolonization), family law, criminal law, contract law, property and even that of racial desegregation in the United States. In the West the capitalist relationship between private law and public law in favor of the latter came out shocked. With the Berlin Wall and the purging of the jurists who followed the unification of East Germany, fell not only an ideal but the yearning all'incusione through the social right that survived the German Democratic Republic.
without external incentives, in the name of flexibility, efficiency and market we are back to authoritarianism bigoted bosses of the mines that export under the heading democracy.
Ugo Mattei, "the manifesto," December 5, 2009
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