Role of the Judiciary
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Utopian Visions of Family Life in the Stalin-Era Soviet Union
Central European History 44 (2011), 63–91. © Conference Group for Central European History of the American Historical Association, 2011 doi:10.1017/S0008938910001184 Utopian Visions of Family Life in the Stalin-Era Soviet Union Lauren Kaminsky OVIET socialism shared with its utopian socialist predecessors a critique of the conventional family and its household economy.1 Marx and Engels asserted Sthat women’s emancipation would follow the abolition of private property, allowing the family to be a union of individuals within which relations between the sexes would be “a purely private affair.”2 Building on this legacy, Lenin imag- ined a future when unpaid housework and child care would be replaced by com- munal dining rooms, nurseries, kindergartens, and other industries. The issue was so central to the revolutionary program that the Bolsheviks published decrees establishing civil marriage and divorce soon after the October Revolution, in December 1917. These first steps were intended to replace Russia’s family laws with a new legal framework that would encourage more egalitarian sexual and social relations. A complete Code on Marriage, the Family, and Guardianship was ratified by the Central Executive Committee a year later, in October 1918.3 The code established a radical new doctrine based on individual rights and gender equality, but it also preserved marriage registration, alimony, child support, and other transitional provisions thought to be unnecessary after the triumph of socialism. Soviet debates about the relative merits of unfettered sexu- ality and the protection of women and children thus resonated with long-standing tensions in the history of socialism. I would like to thank Atina Grossmann, Carola Sachse, and Mary Nolan, as well as the anonymous reader for Central European History, for their comments and suggestions. -
Stalin's Loyal Executioner: People's Commissar Nikolai Ezhov, 1895-1940
INDEX adoption, 121 arrest(s), 63 Afanas’ev, N. P., 187–89 arbitrary, 92 affairs, 16–17, 23, 123, 166–68, 172–74, army, 70, 206 185, 198, 200 from Central Committee, 72, 75, 77, 124, Agranov, Ia. S., 23, 45, 55–56, 60, 62, 68, 234n110 73, 84 from Communist Party, 37, 43, 75, 101, agriculture, 249n35 103, 105, 127, 130, 139–40, 146, 148, academy of, 16 151–52, 177–78, 205–6, 222n64, collectivization, 14 233n77 People’s Commissariats of, 13, 76, 146 competitions for number of, 92–93 saboteurs of, 76, 233n106 of Ezhov, 164, 181–82 albums, 136–37 mass, 79, 83, 85, 87, 89–91, 94–95, 99, Alekhin, M. S., 56, 68, 152 103–5, 137–38, 205–6, 237n46 Aleksandrovskii, M. K., 66, 67 of Mensheviks, 74–75 anarchists, 75 of military intelligence, 65–66 Andreev, Andrei, 26, 43photo, 72, 92, 100, new policy for, 156–57 108, 117, 140photo, 164, 175, 176 of NKVD officers, 61–62, 64–65, 78, 83– anti-intellectuals, 8, 202 84, 133, 135–36, 137, 144, 148, 152, Anvelt, Jan, 72 165–66, 168, 183–86, 192, 229n49, army 258n68 demobilized from, 8 political e´migre´s, foreign influences, 41– duty, 3, 5, 6–8 42, 94–95, 99, 101, 205–6, 237n46 purge of, 69–70, 75, 205 quotas of, 84–85, 89–91, 109, 131, 133, reprimand in, 7–8 135, 205–6 .......................... 9199$$ INDX 02-05-02 16:04:35 PS 264 Index of Rightists, 59 Bokii, G. I., 61, 64 small resistance of mass, 102 Bolsheviks, 6, 70, 105, 111, 125, 136, 195 of Socialist Revolutionaries (SR), 74 Bronkowski, B., 40 of Water Transportation, 152 Bukharin, N. -
Stalin's Constitution of the USSR- December 1936
Stalin’s Constitution of the USSR Moscow, USSR December 1936 ARTICLE 1. The Union of Soviet Socialist Republics is a socialist state of workers and peasants. ARTICLE 2. The Soviets of Working People's Deputies, which grew and attained strength as a result of the overthrow of the landlords and capitalists and the achievement of the dictatorship of the proletariat, constitute the political foundation of the U.S.S.R. ARTICLE 3. In the U.S.S.R. all power belongs to the working people of town and country as represented by the Soviets of Working People's Deputies. ARTICLE 4. The socialist system of economy and the socialist ownership of the means and instruments of production firmly established as a result of the abolition of the capitalist system of economy, the abrogation of private ownership of the means and instruments of production and the abolition of the exploitation of man by man, constitute' the economic foundation of the U.S.S.R. ARTICLE 5. Socialist property in the U.S.S.R. exists either in the form of state property (the possession of the whole people), or in the form of cooperative and collective-farm property (property of a collective farm or property of a cooperative association). ARTICLE 6. The land, its natural deposits, waters, forests, mills, factories, mines, rail, water and air transport, banks, post, telegraph and telephones, large state-organized agricultural enterprises (state farms, machine and tractor stations and the like) as well as municipal enterprises and the bulk of the dwelling houses in the cities and industrial localities, are state property, that is, belong to the whole people. -
The Arts in Russia Under Stalin
01_SOVMINDCH1. 12/19/03 11:23 AM Page 1 THE ARTS IN RUSSIA UNDER STALIN December 1945 The Soviet literary scene is a peculiar one, and in order to understand it few analogies from the West are of use. For a vari- ety of causes Russia has in historical times led a life to some degree isolated from the rest of the world, and never formed a genuine part of the Western tradition; indeed her literature has at all times provided evidence of a peculiarly ambivalent attitude with regard to the uneasy relationship between herself and the West, taking the form now of a violent and unsatisfied longing to enter and become part of the main stream of European life, now of a resentful (‘Scythian’) contempt for Western values, not by any means confined to professing Slavophils; but most often of an unresolved, self-conscious combination of these mutually opposed currents of feeling. This mingled emotion of love and of hate permeates the writing of virtually every well-known Russian author, sometimes rising to great vehemence in the protest against foreign influence which, in one form or another, colours the masterpieces of Griboedov, Pushkin, Gogol, Nekrasov, Dostoevsky, Herzen, Tolstoy, Chekhov, Blok. The October Revolution insulated Russia even more com- pletely, and her development became perforce still more self- regarding, self-conscious and incommensurable with that of its neighbours. It is not my purpose to trace the situation histori- cally, but the present is particularly unintelligible without at least a glance at previous events, and it would perhaps be convenient, and not too misleading, to divide its recent growth into three main stages – 1900–1928; 1928–1937; 1937 to the present – artifi- cial and over-simple though this can easily be shown to be. -
Jurisprudence Constante, Stare Decisis, and a Third Approach
Pobrane z czasopisma Studia Iuridica Lublinensia http://studiaiuridica.umcs.pl Data: 05/10/2021 10:40:03 Part 4. Studia Iuridica Lublinensia vol. XXVII, 1, 2018 DOI: 10.17951/sil.2018.27.1.131 Marko Novak Nova Univerza, Slovenia [email protected] Ensuring Uniform Case Law in Slovenia: Jurisprudence Constante, Stare Decisis, and a Third Approach Zapewnienie jednolitego prawa precedensu w Słowenii. Utrwalone orzecznictwo, stare decisis oraz trzecie ujęcie SUMMARY The judicial doctrine of jurisprudence constante is a civil-law equivalent of the common law doctrine of stare decisis. Both doctrines resulted from the 19th-century legal positivist movement criticizing the liberty of courts when deciding like cases. If stare decisis has developed into a nor- matively serious doctrine ensuring coherent and consistent adjudication, jurisprudence constante, however, did not go that far. After a short historical introduction regarding the development of both doctrines, this paper discusses their most important normative differences, provides reasons for these differences, and analyzes theUMCS problems that the civil-law doctrine presents in the Slovene legal system in particular, the possibility of transplanting the common law doctrine to our country, and the need for a third way approach to better ensure uniform case law in Slovenia. Keywords: Slovenia; case law; jurisprudence constante; stare decisis; third approach INTRODUCTION Particularly in modern complex societies, uniform case law is of great im- portance in order for the constitutional principles of the rule of law and equality before to be seriously taken into consideration. Legal families and the legal systems within them have differently dealt with these issues, although nowadays from a first impression it seems that the approaches from common law and civil law to the legal institution of “precedent” are not that far from themselves when we consider the broadest meaning of that word. -
The Crime of Genocide Committed Against the Poles by the USSR Before and During World War II: an International Legal Study, 45 Case W
Case Western Reserve Journal of International Law Volume 45 | Issue 3 2012 The rC ime of Genocide Committed against the Poles by the USSR before and during World War II: An International Legal Study Karol Karski Follow this and additional works at: https://scholarlycommons.law.case.edu/jil Part of the International Law Commons Recommended Citation Karol Karski, The Crime of Genocide Committed against the Poles by the USSR before and during World War II: An International Legal Study, 45 Case W. Res. J. Int'l L. 703 (2013) Available at: https://scholarlycommons.law.case.edu/jil/vol45/iss3/4 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Journal of International Law by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. Case Western Reserve Journal of International Law Volume 45 Spring 2013 Issue 3 The Crime of Genocide Committed Against the Poles by the USSR Before and During WWII: An International Legal Study Karol Karski Case Western Reserve Journal of International Law·Vol. 45·2013 The Crime of Genocide Committed Against the Poles The Crime of Genocide Committed Against the Poles by the USSR Before and During World War II: An International Legal Study Karol Karski* The USSR’s genocidal activity against the Polish nation started before World War II. For instance, during the NKVD’s “Polish operation” of 1937 and 1938, the Communist regime exterminated about 85,000 Poles living at that time on the pre- war territory of the USSR. -
Linguistic Ukrainization, 1923-1932
3 Linguistic Ukrainization, 1923-1932 On October 10, 1920, Stalin published an artide in Pravda that for the first time authoritatively announced the Soviet policy of korenizatsiia: "It is nec- essary that all Soviet organs in the borderlands-the courts, the administration, the economic organs, organs oflocal power (as well as Party organs)-be com- posed to the greatest possible degree of people who know the customs, habits and language of the local population. »1 Korenizatsiia, as definitively formulated at party congresses in March 1921 and April 1923, consisted of two major tasks: the creation of national elites (Affirmative Action) and the promotion oflocal nationallanguages to a dominant position in the non-Russian territories (lin- guistic korenizatsiia). Linguistic korenizatsiia would prove much more difficult to achieve. Between April 1923 and December 1932, central party and soviet organs issued dozens of resolutions urging the immediate implementation of linguistic korenizatsiia. Local republican and oblast authorities issued hundreds, if not thousands, of similar decrees. Nevertheless, linguistic korenizatsiia failed almost everywhere. Why? 1 initially assumed that central authorities must have been sending mixed signals, publidy trumpeting the need for irnmediate korenizatsiia while privately letting it be known that this public rhetoric was largely for show. 1 was wrong. Not only did the soft-line soviet bureaucracies in charge of nationalities policy, such as TsIK's Soviet of Nationalities and VTsIK's Nationalities Depart- ment, vigilantly monitor the implementation of korenizatsiia, hard-line organs attached to the party's Central Committee were equally vigilant. The Orgburo 11. Stalin, "Politika sovetskoi vlasti po natsional'nomu voprosu v RDssü" (1920), in Marksizm i natsional'no-kolonial'nyi Tlopros (Moscow, 1934): 62. -
Law and Government in the U.S.S.R. Julian Towster
Hastings Law Journal Volume 11 | Issue 3 Article 1 1-1960 Law and Government in the U.S.S.R. Julian Towster Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Julian Towster, Law and Government in the U.S.S.R., 11 Hastings L.J. 231 (1960). Available at: https://repository.uchastings.edu/hastings_law_journal/vol11/iss3/1 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. LAW AND GOVERNMENT IN THE U.S.S.R. By JULAN TOWSTER* It is impossible to assess any aspect of the Soviet polity without keep- ing in mind two things: (1) that only on the rarest occasions in the four decades of Soviet existence has the reality of Soviet life corresponded to official theory, and (2) that no event in the Soviet Union can be properly evaluated without some knowledge of its background and context. Soviet pronouncements of recent years have repeatedly emphasized the claims that the post-Stalin regime has brought about a return to: (1) "socialist legality," i.e., a guarantee of the citizens' rights and liberties, (2) popular sovereignty, i.e., genuine participation by the people in the govern- ance of the state, and (3) an entrenchment and enhancement of the status and powers of the national entities of the Soviet federation. In order to evaluate the validity of these claims we must examine-however cursorily -the background and evolution of the Soviet approach to law, federalism, and judicial functions, then consider the so-called "liberalizations" of the Khrushchev period, and finally venture a glimpse into the future of law, rights and justice in the U.S.S.R. -
"Jurisprudence Désorientée:" the Louisiana Supreme Court's Theory of Jurisprudential Valuation, Doerr V
Louisiana Law Review Volume 64 | Number 3 Spring 2004 "Jurisprudence Désorientée:" The Louisiana Supreme Court's Theory of Jurisprudential Valuation, Doerr v. Mobil Oil and Louisiana Electorate of Gays and Lesbians v. State Jason Edwin Dunahoe Repository Citation Jason Edwin Dunahoe, "Jurisprudence Désorientée:" The Louisiana Supreme Court's Theory of Jurisprudential Valuation, Doerr v. Mobil Oil and Louisiana Electorate of Gays and Lesbians v. State, 64 La. L. Rev. (2004) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol64/iss3/11 This Note is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. "Jurisprudence Dsorientee:"1 The Louisiana Supreme Court's Theory of Jurisprudential Valuation, Doerr v. Mobil Oil and Louisiana Electorate of Gays and Lesbians v. State I. INTRODUCTION "What is the law?" This question is undoubtedly straightforward and fundamental, but in a mixed jurisdiction2 such as Louisiana, the answer is anything but simple. Picture a scene that plays out hundreds of times a day throughout Louisiana as well as the rest of the United States. A new client walks into an attorney's office with a particular legal problem. Understandably, the client wants to know if he has a valid legal claim or defense. Provided the attorney is at least moderately acquainted with the area of the law in question, the client will expect that the attorney will, at least, have the capability to find the legal rule that governs his problem. -
BANGLADESH: from AUTOCRACY to DEMOCRACY (A Study of the Transition of Political Norms and Values)
BANGLADESH: FROM AUTOCRACY TO DEMOCRACY (A Study of the Transition of Political Norms and Values) By Golam Shafiuddin THESIS Submitted to School of Public Policy and Global Management, KDI in partial fulfillment of the requirements the degree of MASTER OF PUBLIC POLICY 2002 BANGLADESH: FROM AUTOCRACY TO DEMOCRACY (A Study of the Transition of Political Norms and Values) By Golam Shafiuddin THESIS Submitted to School of Public Policy and Global Management, KDI in partial fulfillment of the requirements the degree of MASTER OF PUBLIC POLICY 2002 Professor PARK, Hun-Joo (David) ABSTRACT BANGLADESH: FROM AUTOCRACY TO DEMOCRACY By Golam Shafiuddin The political history of independent Bangladesh is the history of authoritarianism, argument of force, seizure of power, rigged elections, and legitimacy crisis. It is also a history of sustained campaigns for democracy that claimed hundreds of lives. Extremely repressive measures taken by the authoritarian rulers could seldom suppress, or even weaken, the movement for the restoration of constitutionalism. At times the means adopted by the rulers to split the opposition, create a democratic facade, and confuse the people seemingly served the rulers’ purpose. But these definitely caused disenchantment among the politically conscious people and strengthened their commitment to resistance. The main problems of Bangladesh are now the lack of national consensus, violence in the politics, hartal (strike) culture, crimes sponsored with political ends etc. which contribute to the negation of democracy. Besides, abject poverty and illiteracy also does not make it easy for the democracy to flourish. After the creation of non-partisan caretaker government, the chief responsibility of the said government was only to run the routine administration and take all necessary measures to hold free and fair parliamentary elections. -
The Family Affinities of Common-Law and Civil-Law Legal Systems, 6 Hastings Int'l & Comp
Hastings International and Comparative Law Review Volume 6 Article 3 Number 1 Fall 1982 1-1-1982 The aF mily Affinities of Common-Law and Civil- Law Legal Systems Craig M. Lawson Follow this and additional works at: https://repository.uchastings.edu/ hastings_international_comparative_law_review Part of the Comparative and Foreign Law Commons, and the International Law Commons Recommended Citation Craig M. Lawson, The Family Affinities of Common-Law and Civil-Law Legal Systems, 6 Hastings Int'l & Comp. L. Rev. 85 (1982). Available at: https://repository.uchastings.edu/hastings_international_comparative_law_review/vol6/iss1/3 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings International and Comparative Law Review by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. The Family Affinities of Common-Law and Civil-Law Legal Systems By CRAIG M. LAWSON* A.B., Yale University, 1970; JD., University of California, Hastings College of the Law, 1974"Associate Professor, College of Law, University of Ne- braska-Lincoin. I. INTRODUCTION Comparative lawyers have devised many schemes to group the world's legal systems into families according to their similarities and dissimilarities. This taxonomic debate has been one of the staples of modem comparative scholarship. Although the debate seems at times abstruse, disputes over classification are nonetheless important, since they result in structures of thought which greatly influence the ways foreign legal systems are studied and understood. There is general agreement among comparatists in characterizing common law and civil law as two distinct groups within the handful of major families of legal systems in the world today.' The historical and geographical importance of the common-law and civil-law families is certainly not to be denied. -
Building Reputation in Constitutional Courts: Political and Judicial Audiences
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 2011 Building Reputation in Constitutional Courts: Political and Judicial Audiences Tom Ginsburg Nuno Garoupa Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Tom Ginsburg & Nuno Garoupa, "Building Reputation in Constitutional Courts: Political and Judicial Audiences," 28 Arizona Journal of International and Comparative Law 539 (2011). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. BUILDING REPUTATION IN CONSTITUTIONAL COURTS: POLITICAL AND JUDICIAL AUDIENCES Nuno Garoupa* & Tom Ginsburg** I. INTRODUCTION Specialized constitutional courts have expanded all over the world in recent decades. Originally conceived by the great legal theorist Hans Kelsen for the Austrian Constitution of 1920 and later adopted in post-war Germany and Italy, they have expanded to Southern Europe, Asia, and Eastern Europe during subsequent waves of democratization.' Even some Latin American countries, though historically influenced by U.S. constitutional arrangements, have adopted versions of the Kelsenian model; examples include Chile (1981), Colombia (1991), Bolivia (1994), and Ecuador (1996).2 The most notable exceptions in Europe are the Netherlands and Scandinavian countries that have not (yet) adopted a Kelsenian model. Initially, France embraced a much narrower judicial review of legislation in accordance with its traditions of parliamentary sovereignty, but its court (the Conseil Constitutionnel)is coming to resemble the specialized Kelsenian model of institutional design.4 * Garoupa is Professor of Law, the H.