The Catholic University of America, Columbus School of Law CUA Law Scholarship Repository Scholarly Articles and Other Contributions Faculty Scholarship 1987 Socialist Legal Theory in the Post-Pashukanis Era Rett R. Ludwikowski The Catholic University of America, Columbus School of Law Follow this and additional works at: https://scholarship.law.edu/scholar Part of the Political Theory Commons Recommended Citation Rett R. Ludwikowski, Socialist Legal Theory in the Post-Pashukanis Era, 10 B.C. INT’L & COMP. L. REV. 323 (1987). This Article is brought to you for free and open access by the Faculty Scholarship at CUA Law Scholarship Repository. It has been accepted for inclusion in Scholarly Articles and Other Contributions by an authorized administrator of CUA Law Scholarship Repository. For more information, please contact
[email protected]. Socialist Legal Theory in the Post-Pashukanis Era by Rett R. Ludwikowski* I. INTRODUCTION The western student of socialist legal theory who wants to learn something about Soviet jurisprudence of the post-Stalinist era will experience great diffi- culty. The student can find that Marx, Engels, and Lenin's theory of law has been studied repeatedly in the West, and the principal thesis of the "fathers of scientific communism" relating to the withering away of the state and law in the Communist society has been analyzed in a number of books and articles.' The student will also discover good translations of works by Pashukanis and Vyshin- sky, leading jurists during Lenin's and Stalin's times, and numerous comments on their theories. 2 The student will face real difficulties, however, if he wishes to learn something about jurisprudence in the Soviet bloc today.3 Western students of legal theory know Bratus, Gienkin, Kechakjan, Strogovitch, Denisov, Pigolkin, Opalek, Wroblewski, and dozens of other current socialist experts on jurisprudence only as names.4 An historical approach is typical of even the most * Professor of Law, The Catholic University of America.