DOCSLIB.ORG

The Soviet Concept of Law

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Soviet Concept of Law Fordham Law Review Volume 7 Issue 1 Article 1 1938 The Soviet Concept of Law Vladimir Gsovski Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Vladimir Gsovski, The Soviet Concept of Law, 7 Fordham L. Rev. 1 (1938). Available at: https://ir.lawnet.fordham.edu/flr/vol7/iss1/1 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. The Soviet Concept of Law Cover Page Footnote Assistant in Foreign law, Library of Congress, Washington, D. C. The writer considers it to be his pleasant duty to express deep appreciation of the valuable guidance of Professor Walter B. Kennedy of Fordham law School in the preparation of this paper. Thanks to his generous advice and hearty cooperation the explanation of an intricate matter was brought before the American reader. This article is available in Fordham Law Review: https://ir.lawnet.fordham.edu/flr/vol7/iss1/1 FORDHAM LAW REVIEW VOLUME VII 1938 WOOLWORTH BUILDING NEW YORK 1938 Copyright 1938 By Fordham University Printed in U. S. A. The Heffernan Press Worcester, Mass., U. S. A. TABLE OF LEADING ARTICLES-AUTHORS FIDAN, IAnlTO.x R. The Scope of Mortgage Liens on Fixtures and Personal Property in New York ................................ 331 GsovsKI, VLADIMIR. The Soviet Concept of Law .................... 1 KENNEDY, WALTER B. Realism, What Next? .......................... 203 M.ARcus, PmIu'i. Periodic Tenancies ................................ 167 r MERSC , VICTOR S. Is Tifft v. Porter Modified, or Are Bequests of Closely Held Stock An Exception to It? ................................. 364 O'REiLLY, JOHN D. JR. Administrative Absolutism .................... 310 POUND, ROSCOE. Individualization of Justice .......................... 153 RoTmscmID, JAY LEO. Judicia Immunity for Acts Without Jurisdiction ... 62 SANm, LEONARD S. The Renascence of Civil Practice in New Yorl ....... 45 W11mrAN, WIhLIAm F. Anti-Trust Cases Affecting the Distribution of M otion Pictures ................................................ 189 WILKINSON, IGNATIUS M. The Lawyer and the Defense of Constitutional Democracy in America .......................................... 301 TABLE OF LEADING ARTICLES-TITLES ADMINISTRATIVE ABSOLUTISLI. John D. O'Reilly, Jr. .................. 310 ANTI-TRUST CASES AFFECTING THE DISTRIBUTION or MoTIOz; PICtUREs. William F. Whitman ............................................ 189 LNDIVIDUALIZATION OF JUSTICE. Roscoe Pound ........................ 153 Is TIFFT V. PORTER MODIFIED, OR ARE BEQUESTS OF CLOSELY HELD STOCE: AN EXCEPTION TO IT? Victor S. Mersc .......................... 364 JUDICIAL IIMMUNITY FOR ACTS WITHOUT JURISDICTION. Jay Leo Rothschild ............................................ 62 PERIODIC TENANCIES. Philip Marcus .................................. 167 REALISI, WHAT NEXT? Walter B. Kennedy .......................... 203 THE LAW-YER AND THE DEFENSE Or CONSTITUTIONAL DEmOCRACY IN AMERICA. Ignatius M. Wilkinson .................................. 301 THE RENASCENCE OF CIVIL PRACTICE IN NEw Yome=. Leonard S. Saxe .... 45 THE SCOPE OF MORTGAGE LIENS ON F=XWrEs AND PERSONAL PROPEReTY IN NEw Yopx. Milton R. Friedman ............................ 331 THE SOVIET CONCEPT OF LAW. Vladimir Gsovski ...................... 1 TABLE OF BOOK REVIEWS-AUTHORS ALBRECHT-CARRIE: Italy at the Peace Conference. Elbridge Colby 474 CHASE: The Tyranny of Words. Walter B. Kennedy .................. 296 DERENBERG: Trade Mark Protection and Unfair Trading. William R. W hite, Jr. .......................................... 147 FRYER: Readings on Personal Property. Walter B. Kennedy ........... 470 HODES: Law and the Modem City. J. Joseph Lilly .................... 146 HUDSON: Cases and Materials on International Law. A. N. Sack ........ 292 KUHN: Comparative Commentaries on Private International Law. Frederick I. de Sloovere ........................................ 289 MATRER: Cases and Other Materials on Administrative Law. Eugene J. Keefe ............................................... 472 OBERING: The Philosophy of Law of James Wilson. William R. White, Jr........................................... 469 RuTHER o:o The Influence of the American Bar Association on Public Opinion and Legislation. William L. Ransom ...................... 144 STUMBERG: Principles of Conflict of Laws. Samuel J. Warms .......... 148 TANZER: The New York City Charter. Charles W. Tooke .............. 293 THoMAs: The Law of Chemical Patents. Daniel H. Kane ............ 298 STURGES: Cases and Materials on Debtor's Estate. John J. Waldron ...... 294 WICKERSHAM: Old Yukon-Tales, Trails, and Trials. Arthur J. O'Dea .... 473 INDEX-DIGEST Page references in bold typo are to Leading Articles; in plain typo to Comments, Legislative Notes, Recent Decisions, Book Reviews, Obiter Dicta and Correondence ADMINISTRATIVE LAW Transportation for pupils of sectarian Absolutism of administrative boards schools 436-438 310-330 Validity of California pension plan As compared to the judicial process 467-46S 159-160 Validity of capital stock tax 442-445 Definition of 312 CONTRACTS Judicial review of administrative deci- Consideration in charitable subscription sions 318-330 264-267 Maurer: Cases and Other Materials on Of insurance, what constitutes 263-271 Administrative Law, a book review Right of infant to disaffirm 445-449 472-473 CORPORATIONS Report of American Bar Association on See Stocb 310-330 Closely held, an exception to rule of AGRICULTURE Tifft v. Porter 384-333 As part of the general welfare 400402 COURTS ANTI-TRUST Judicial statistics 48.51 As affecting motion pictures 189-202 APPEALS COVENANTS Changes in appellate practice 58 See Real Property ATTORNEYS As running with land 463 The lawyer's defence of democracy Enforcement of affirmative, against 301-309 grantees of covenantor 462-64 BAUKRUPTCY CRIIMIINAL LAW Corporate, personal liability of officers Evidence of other crimes to prove in- 254-256 tent 113-115 Possession of bankrupts' assets, burden Imitation of trade name a misdemeanor of proof 254-256 131-136 BILLS AND NOTES Insanity as a defense 76-S9 Delivery to impostor 106-109 Right of accused to inspect prozecution'S Negotiable Instruments Law and Bill of evidence before trial 449-452 Exchange Act, effect of 94-96 DESCENT AND DISTRIBUTION Payees as holders in due course of nego- See Wills tiable instruments 90-105 Effect of a testamentary trut on sur- CARRIERS viving spouse's statutory share of Public, negligence of. degree of care estate 115-117 256-258 Sturges: Cases and Materials on Debtor's CHL LABOR Estates, a book review 294-296 See Labor Law DOMESTIC RELATIONS CONDITIONAL SALE See Parent and Child Filing of contracts of 353-359 Negligence, no imputation of from parent Of fixtures 331-363 to child; Dom. Rel. L. Sec. 73 141 CONFLICT OF LAWS Validity of foreign divorce in New Stumberg: Principles of Conflict of Laws, York 253-261 a book review 14S-151 Validity of a foreign divorce in New DOWER York 253-261 Inchoate, statutory right to extinguish CONSTITUTIONAL LAW 278-232 Admissibility of wire-tapped evidence EDUCATION As part of the general wdfare 4C-402 261-264 Labor as, under proposed child labor Federal courts as bound by state deci- sions 438-442 amendments 223-227 Full faith and credit clause and foreign Pupils must salute flag, requirement of divorces 258-261 education law 465-466 Transportation General welfare clauses in Federal Con- for pupils of sectarian stitution 390-417 schools 436-438 Police power to regulate employment EMPLOYMENT AGENCIES agencies 109-112 Power of police to regulate 109-112 Right of relief recipient to vote 466467 ESTOPPEL Separation of powers and administrative Promissory, in charitable subscription authority 316-318 contracts 26S vi FORDHAM LAW REVIEW [Vol. 7 Page references in bold typd are to Leading Articles; in plain typo to Comments, Leglslattvo Notes, Recent Decisions, Book Reviews, Obiter Dicta and Correspondonce EVIDENCE Lawyers' defense of democracy, the Admissibility of evidence of other crimes 301-309 to prove intent 113-115 Obering: The Philosophy of Law of Impeachment of party's own witness, James Wilson, a book review 469-470 right of 452-455 Realism, philosophy of, in the law New changes in 'ules of 55 203-215 Parol evidence rule, history of 238-240 Soviet concept of law, the 1-44 Parol, rule of in sale of goods 238-253 Soviet trial, confessions as expediting Res gestae, doctrine of 118-120 286-287 Right of accused to inspect prosecution's JURY evidence before trial 449-452 Changes in jury regulations 54-56 Wire-tapped, admissibility of 261-264 JUSTICE FIXTURES Individualization of 153-166 After-acquired, mortgage of 342-344 LABOR LAW Common law of 331-340 Amendments, proposed to abolish child Conditional sale of 331-363 labor 227-235 Mortgage liens on, in New York 331-363 Child labor legislation 217-238 Statutes applicable to 34144 Child labor, scope of term 223-227 Unattached personalty as 345-353 Child labor, state or federal problem FRAUDS, STATUTE OF 235-237 Effect of, in oral sale of goods in buyer's History of child labor law 217-221 possession 122-125 LANDLORD & TENANT GENERAL WELFARE See Real Property See. Public Welfare Periodic tenancies 167-188 INFANTS Title to fixtures as between 354 Right of, to disaffirm contracts 445-449 LAW INJUNCTION
Load more

Recommended publications
  • 1 Revolutionary Tribunals and the Origins of Terror in Early Soviet Russia
    ORE Open Research Exeter TITLE Revolutionary Tribunals and the Origins of Terror in Early Soviet Russia AUTHORS Rendle, Matthew JOURNAL Historical Research DEPOSITED IN ORE 14 May 2013 This version available at http://hdl.handle.net/10871/9361 COPYRIGHT AND REUSE Open Research Exeter makes this work available in accordance with publisher policies. A NOTE ON VERSIONS The version presented here may differ from the published version. If citing, you are advised to consult the published version for pagination, volume/issue and date of publication 1 Revolutionary tribunals and the origins of terror in early Soviet Russia* Matthew Rendle University of Exeter Abstract After the October Revolution of 1917, the Bolsheviks restructured Russia’s legal system, assigning the central role in targeting their enemies to revolutionary tribunals. Within months, however, this ‘revolutionary justice’ was marginalized in favour of the secret police (Cheka) and a policy of terror. This article utilizes the archives of three tribunals, contemporary writings, newspapers and memoirs to examine the tribunals’ investigations and trials, and their impact. It argues that the relative failure of tribunals paved the way for the terror that engulfed Russia by autumn 1918 and laid the foundations of the repressive Soviet state. On 24 November 1917, as part of a radical overhaul of Russia’s legal system, the Bolsheviks established revolutionary tribunals to deal with counter-revolutionary threats, profiteering, speculation, sabotage and other ‘political’ crimes. The definition of counter-revolution was deliberately vague; it could be any thought or action attacking the goals and achievements of the revolution as defined by the Bolsheviks.
    [Show full text]
  • Federal Constitution of Malaysia
    LAWS OF MALAYSIA REPRINT FEDERAL CONSTITUTION Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 Laws of Malaysia FEDERAL CONSTITUTION First introduced as the Constitution … 31 August 1957 of the Federation of Malaya on Merdeka Day Subsequently introduced as the … … 16 September 1963 Constitution of Malaysia on Malaysia Day PREVIOUS REPRINTS First Reprint … … … … … 1958 Second Reprint … … … … … 1962 Third Reprint … … … … … 1964 Fourth Reprint … … … … … 1968 Fifth Reprint … … … … … 1970 Sixth Reprint … … … … … 1977 Seventh Reprint … … … … … 1978 Eighth Reprint … … … … … 1982 Ninth Reprint … … … … … 1988 Tenth Reprint … … … … … 1992 Eleventh Reprint … … … … … 1994 Twelfth Reprint … … … … … 1997 Thirteenth Reprint … … … … … 2002 Fourteenth Reprint … … … … … 2003 Fifteenth Reprint … … … … … 2006 Federal Constitution CONTENTS PAGE ARRANGEMENT OF ARTICLES 3–15 CONSTITUTION 17–208 LIST OF AMENDMENTS 209–211 LIST OF ARTICLES AMENDED 212–229 4 Laws of Malaysia FEDERAL CONSTITUTION NOTE: The Notes in small print on unnumbered pages are not part of the authoritative text. They are intended to assist the reader by setting out the chronology of the major amendments to the Federal Constitution and for editorial reasons, are set out in the present format. Federal Constitution 3 LAWS OF MALAYSIA FEDERAL CONSTITUTION ARRANGEMENT OF ARTICLES PART I THE STATES, RELIGION AND LAW OF THE FEDERATION Article 1. Name, States and territories of the Federation 2. Admission of new territories into the Federation 3. Religion of the Federation 4. Supreme Law of the Federation PART II FUNDAMENTAL LIBERTIES 5. Liberty of the person 6. Slavery and forced labour prohibited 7.
    [Show full text]
  • Malaysia's Constitution of 1957 with Amendments Through 2007
    PDF generated: 26 Aug 2021, 16:39 constituteproject.org Malaysia's Constitution of 1957 with Amendments through 2007 Subsequently amended This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:39 Table of contents PART I: THE STATES, RELIGION AND LAW OF THE FEDERATION . 12 1. Name, States and territories of the Federation . 12 2. Admission of new territories into the Federation . 12 3. Religion of the Federation . 12 4. Supreme law of the Federation . 13 PART II: FUNDAMENTAL LIBERTIES . 13 5. Liberty of the person . 13 6. Slavery and forced labour prohibited . 14 7. Protection against retrospective criminal laws and repeated trials . 14 8. Equality . 14 9. Prohibition of banishment and freedom of movement . 15 10. Freedom of speech, assembly and association . 15 11. Freedom of religion . 16 12. Rights in respect of education . 17 13. Rights to property . 17 PART III: CITIZENSHIP . 17 Chapter 1: Acquisition of Citizenship . 17 14. Citizenship by operation of law . 17 15. Citizenship by registration (wives and children of citizens) . 18 15A. Special power to register children . 18 16. Citizenship by registration (persons born in the Federation before Merdeka Day) . 19 16A. Citizenship by registration (persons resident in States of Sabah and Sarawak on Malaysia Day) . 19 17. Repealed . 19 18. General provisions as to registration . 19 19. Citizenship by naturalisation . 20 19A. Repealed . 21 20. Repealed . 21 21. Repealed . 21 22. Citizenship by incorporation of territory . 21 Chapter 2: Termination of Citizenship .
    [Show full text]
  • The Russian Revolutions: the Impact and Limitations of Western Influence
    Dickinson College Dickinson Scholar Faculty and Staff Publications By Year Faculty and Staff Publications 2003 The Russian Revolutions: The Impact and Limitations of Western Influence Karl D. Qualls Dickinson College Follow this and additional works at: https://scholar.dickinson.edu/faculty_publications Part of the European History Commons Recommended Citation Qualls, Karl D., "The Russian Revolutions: The Impact and Limitations of Western Influence" (2003). Dickinson College Faculty Publications. Paper 8. https://scholar.dickinson.edu/faculty_publications/8 This article is brought to you for free and open access by Dickinson Scholar. It has been accepted for inclusion by an authorized administrator. For more information, please contact [email protected]. Karl D. Qualls The Russian Revolutions: The Impact and Limitations of Western Influence After the collapse of the Soviet Union, historians have again turned their attention to the birth of the first Communist state in hopes of understanding the place of the Soviet period in the longer sweep of Russian history. Was the USSR an aberration from or a consequence of Russian culture? Did the Soviet Union represent a retreat from westernizing trends in Russian history, or was the Bolshevik revolution a product of westernization? These are vexing questions that generate a great deal of debate. Some have argued that in the late nineteenth century Russia was developing a middle class, representative institutions, and an industrial economy that, while although not as advanced as those in Western Europe, were indications of potential movement in the direction of more open government, rule of law, free market capitalism. Only the Bolsheviks, influenced by an ideology imported, paradoxically, from the West, interrupted this path of Russian political and economic westernization.
    [Show full text]
  • Russian History: a Brief Chronology (998-2000)
    Russian History: A Brief Chronology (998-2000) 1721 Sweden cedes the eastern shores of the Baltic Sea to Russia (Treaty of Nystad). In celebration, Peter’s title Kievan Russia is changed from tsar to Emperor of All Russia Abolition of the Patrarchate of Moscow. Religious authority passes to the Holy Synod and its Ober- prokuror, appointed by the tsar. 988 Conversion to Christianity 1722 Table of Ranks 1237-1240 Mongol Invasion 1723-25 The Persian Campaign. Persia cedes western and southern shores of the Caspian to Russia Muscovite Russia 1724 Russia’s Academy of Sciences is established 1725 Peter I dies on February 8 1380 The Battle of Kulikovo 1725-1727 Catherine I 1480 End of Mongol Rule 1727-1730 Peter II 1462-1505 Ivan III 1730-1740 Anne 1505-1533 Basil III 1740-1741 Ivan VI 1533-1584 Ivan the Terrible 1741-1762 Elizabeth 1584-98 Theodore 1744 Sophie Friederike Auguste von Anhalt-Zerbst arrives in Russia and assumes the name of Grand Duchess 1598-1613 The Time of Troubles Catherine Alekseevna after her marriage to Grand Duke Peter (future Peter III) 1613-45 Michael Romanoff 1762 Peter III 1645-76 Alexis 1762 Following a successful coup d’etat in St. Petersburg 1672-82 Theodore during which Peter III is assassinated, Catherine is proclaimed Emress of All Russia Imperial Russia 1762-1796 Catherine the Great 1767 Nakaz (The Instruction) 1772-1795 Partitions of Poland 1682-1725 Peter I 1773-1774 Pugachev Rebellion 1689 The Streltsy Revolt and Suppression; End of Sophia’s Regency 1785 Charter to the Nobility 1695-96 The Azov Campaigns 1791 Establishment fo the Pale of Settlement (residential restrictions on Jews) in the parts of Poland with large 1697-98 Peter’s travels abroad (The Grand Embassy) Jewish populations, annexed to Russia in the partitions of Poland (1772, 1793, and 1795) and in the 1698 The revolt and the final suppression of the Streltsy Black Sea liitoral annexed from Turkey.
    [Show full text]
  • Socialism in Europe and the Russian Revolution India and the Contemporary World Society Ofthefuture
    Socialism in Europe and II the Russian Revolution Chapter 1 The Age of Social Change In the previous chapter you read about the powerful ideas of freedom and equality that circulated in Europe after the French Revolution. The French Revolution opened up the possibility of creating a dramatic change in the way in which society was structured. As you have read, before the eighteenth century society was broadly divided into estates and orders and it was the aristocracy and church which controlled economic and social power. Suddenly, after the revolution, it seemed possible to change this. In many parts of the world including Europe and Asia, new ideas about individual rights and who olution controlled social power began to be discussed. In India, Raja v Rammohan Roy and Derozio talked of the significance of the French Revolution, and many others debated the ideas of post-revolutionary Europe. The developments in the colonies, in turn, reshaped these ideas of societal change. ian Re ss Not everyone in Europe, however, wanted a complete transformation of society. Responses varied from those who accepted that some change was necessary but wished for a gradual shift, to those who wanted to restructure society radically. Some were ‘conservatives’, others were ‘liberals’ or ‘radicals’. What did these terms really mean in the context of the time? What separated these strands of politics and what linked them together? We must remember that these terms do not mean the same thing in all contexts or at all times. We will look briefly at some of the important political traditions of the nineteenth century, and see how they influenced change.
    [Show full text]
  • Organized Crime and the Russian State Challenges to U.S.-Russian Cooperation
    Organized Crime and the Russian State Challenges to U.S.-Russian Cooperation J. MICHAEL WALLER "They write I'm the mafia's godfather. It was Vladimir Ilich Lenin who was the real organizer of the mafia and who set up the criminal state." -Otari Kvantrishvili, Moscow organized crime leader.l "Criminals Nave already conquered the heights of the state-with the chief of the KGB as head of a mafia group." -Former KGB Maj. Gen. Oleg Kalugin.2 Introduction As the United States and Russia launch a Great Crusade against organized crime, questions emerge not only about the nature of joint cooperation, but about the nature of organized crime itself. In addition to narcotics trafficking, financial fraud and racketecring, Russian organized crime poses an even greater danger: the theft and t:rafficking of weapons of mass destruction. To date, most of the discussion of organized crime based in Russia and other former Soviet republics has emphasized the need to combat conven- tional-style gangsters and high-tech terrorists. These forms of criminals are a pressing danger in and of themselves, but the problem is far more profound. Organized crime-and the rarnpant corruption that helps it flourish-presents a threat not only to the security of reforms in Russia, but to the United States as well. The need for cooperation is real. The question is, Who is there in Russia that the United States can find as an effective partner? "Superpower of Crime" One of the greatest mistakes the West can make in working with former Soviet republics to fight organized crime is to fall into the trap of mirror- imaging.
    [Show full text]
  • The Soviet View on International Law
    101 THE SOVIET VIEW ON INTERNATIONAL LAW Leon S. Lipson The background of Marxist-Leninist International law in a bourgeois theory with which Soviet international setting, so the theory ran, was sanc­ law began permitted, and indeed re­ tioned by the transverse power of the quired, an analysis of the contemporary global bourgeoisie up to the point where nation-state system from without. So imperialistic conflict, caused by the long as a Soviet analyst could in thought growing contradictions of capitalist remain outside the system, he found not society and capitalist economics, was much difficulty with the conundrum expected to lead to a breakdown of the that has troubled so much of the writing system and open the way for a pro­ about international law since the fic­ letarian revolution and the establish­ tions of medieval universality broke ment of socialism. Under this analysis, down; that is, the problem to which you international law is trivial until the addressed yourselves yesterday after­ moment it becomes obsolete. noon, of the efficacy and even the Before and for some time after its existence of international law in the occurrence, the Russian revolution was absence of a single compelling enforce­ expected to touch off a continuing ment machinery. That problem has series of revolutions in the more indus­ seemed especially acute to Western trial countries of, at least, continental seholars under the influence of what Europe. As Taracouzio put it: they thought to be the implications of With ... the advent of a single Austinian positivism. It was taken care world-wide denationalized, class­ of in early Soviet terms by a theory of less society, there [would] be no the organization of society which re­ place for a system of law regu­ fused to look on states as the ultimate lating the international life of aggregates of legitimatized power.
    [Show full text]
  • Communist) Academy
    4 I SCIENCE, ORTH ODOXY, AND THE QUEST FOR HEGEMONY AT THE SOCIALIST (COMMUNIST) ACADEMY Bolshevik intellectuals presented their cause as a class strug­ gle with bourgeois academia. Their primary field of battle in higher learning, however, was first and foremost institutional. When Evgenii B. Preobrazhenskii insisted in the Socialist Academy's newly founded jour­ nal in 1922 that the academy "represents the highest scientific research institute of Marxist thought," the academy leader was linking the Bol­ shevik declaration of war in organized intellectual life to his own insti­ tutional base. It has rarely been considered, but such assertions of pri­ macy implied as many internal ramifications for the Bolsheviks as outward effects for the nonparty intellectual world. The Socialist Academy - Preobrazhenskii elaborated on his claim to authority - "does not recognize social science not operating on the basis of Marxism. The Academy must turn itself into its own kind of Gosplan in the realm of ideology."l In this formulation, the assertion of orthodoxy, and the vision of a new kind of planned science, or nauka, is intertwined with the claim to hegemony - not simply of a doctrine, a party, or a class, but of an institution.2 1. E. Preobrazhenskü, "Blizhaishie zadachi Sotsialisticheskoi Akademii," Vestnik Sotsia­ listicheskoi Akademii (henceforth cited as VSA), no. 1 (November 1922): 7, 9. 2. "Hegemony" is employed not in tbe Gramscian sense, but in the blunter meaning most frequently implicit in tbe Bolshevik use of tbe word gegemoniia, denoting wide-ranging dornina­ tion, political subordination, and eon�ol over activities and resources. THE SOCIALlST (COMMUNIST) ACADEMY 1 193 No matter that Gosplan, the central state planning agency, was of negligible importance at the time Preobrazhenskii wrote; no matter, indeed, that the Socialist (after 1924, Cornmunist) Academy never achieved the hegemony in the Soviet scholarly world that its leaders coveted.
    [Show full text]
  • HPSCI Testimony – Steve Hall I'm Happy to Be with You Here Today To
    HPSCI Testimony – Steve Hall I’m happy to be with you here today to share my thoughts on Vladimir Putin’s Russia, gleaned from working in the CIA’s Clandestine Service for over 30 years. During my time at CIA, from when I started out as a line case officer through when I retired in 2015 as a member of the Senior Intelligence Service, most of my time and efforts were focused on Russia. I retired as the Chief of Central Eurasia Division, responsible for managing CIA’s Russian operations worldwide. I am not a trained Russian historian, nor am I an analyst. Rather, my views on Putin’s Russia come from my experiences as a former intelligence officer, and I believe this is an important perspective. Here’s why. I am often asked for my thoughts on who Putin really is, what makes him tick, how he thinks, is he really that much of a threat. My best response is that Vladimir Putin is first and foremost a Chekist, whose primary goal is the weakening of democracy in the United States and the West. The Cheka was the Lenin-era secret police, the precursor to the KGB – of which Putin was a member – as well as to the modern day Russian intelligence services. It was the Cheka and its successors that built and ran the Soviet system of concentration camps, the Gulag. It was the Cheka that executed thousands of its own citizens in the basement of the Lubyanka, its headquarters in Moscow. The history of the Russian intelligence services is one of unalloyed brutality.
    [Show full text]
  • FUNDAMENTAL RIGHTS in the SOVIET UNION: a COMPARATIVE APPROACH * T~Omas E
    1967] FUNDAMENTAL RIGHTS IN THE SOVIET UNION: A COMPARATIVE APPROACH * T~omAs E. TowE t INTRODUCTION The Soviet Constitution guarantees many of the same funda- mental rights as are guaranteed in the Constitution of the United States, plus several others as well. Indeed, these rights are described in greater detail and appear on their face to be safeguarded more emphatically in the Soviet Constitution. However, the mere existence of constitutional provisions for fundamental rights does not necessarily guarantee that those rights will be protected. Western scholars often point to discrepancies between rhetorical phrases in the Soviet Con- stitution and actual practices in the area of fundamental rights.' Soviet legal scholars insist, however, that such criticism should be aimed instead at Western constitutions. Andrei Vyshinsky has stated that it is precisely in the area of fundamental rights that "the contra- dictions between reality and the rights proclaimed by the bourgeois constitutions [are] particularly sharp." 2 Soviet legal scholars claim that bourgeois laws are replete with reservations and loopholes which largely negate their effectiveness in protecting fundamental rights generally, and those of the working man in particular.3 There is undoubtedly some truth in both claims, for, as Professor Berman has stated, "The striking fact is that in the protection of human rights, the Soviet system is strong where ours is weak, just as it is weak where ours is strong." 4 The full impact of this statement can only be understood by comparing the different approaches which * The author wishes to acknowledge the helpful comments and suggestions of Dr. Branko M.
    [Show full text]
  • Minshi Susongfa Tonglun (A General Treatise on the Law of Civil Procedure), by Chai Fabang, Liu Jiaxing, Jiang Chuan, and Fan Minxing Mitchell A
    Maryland Journal of International Law Volume 8 | Issue 1 Article 8 Minshi Susongfa Tonglun (A General Treatise on the Law of Civil Procedure), by Chai Fabang, Liu Jiaxing, Jiang Chuan, and Fan Minxing Mitchell A. Silk Follow this and additional works at: http://digitalcommons.law.umaryland.edu/mjil Part of the Civil Procedure Commons, and the International Law Commons Recommended Citation Mitchell A. Silk, Minshi Susongfa Tonglun (A General Treatise on the Law of Civil Procedure), by Chai Fabang, Liu Jiaxing, Jiang Chuan, and Fan Minxing, 8 Md. J. Int'l L. 163 (1984). Available at: http://digitalcommons.law.umaryland.edu/mjil/vol8/iss1/8 This Book Review is brought to you for free and open access by DigitalCommons@UM Carey Law. It has been accepted for inclusion in Maryland Journal of International Law by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact [email protected]. BOOK DIGEST MINSHI SUSONGFA TONGLUN (A general treatise on the law of civil procedure). By Chai Fabang, Liu Jiaxing, Jiang Chuan, and Fan Minxing. Beijing Law Publishers, 1982, 503 pp. A scarcity of resources long vexed students of the People's Republic of China's (PRC) legal system. Yet, of late, China's liberal and pragmatic approach to reform and modernization has encouraged scholarly endeavor. Legal materials now emerge from China at an accelerating rate, appeasing the intellectual hunger of students of Chinese/socialist law. Many questions remain to be answered, however, especially with regard to legal areas rela- tively new to the PRC. How has socialist reconstruction and modernization affected the law of civil procedure? How is Marxism-Leninism-Maoism manifested in Chinese civil procedure? How does the socialist theory of civil procedure compare with the markedly different theories of capitalist coun- tries? What principles of civil procedure govern litigation involving foreign- ers? Minshi Susongfa Tonglun (A general treatise on the law of civil pro- cedure)' addresses questions such as these.
    [Show full text]