This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. Find sources: "Socialist law" – news · newspapers · books · scholar · JSTOR(June 2007) (Learn how and when to remove this message)
Socialist law or Soviet law are terms used in comparative legal studies for the general type of legal system which has been (and continues to be) used in socialist and formerly socialist states. It is based on the civil law system, with major modifications and additions from Marxist–Leninist ideology. There is controversy as to whether socialist law ever constituted a separate legal system or not.[1] If so, prior to the end of the Cold War, socialist law would be ranked among the major legal systems of the world.
While civil law systems have traditionally put great pains in defining the notion of private property, how it may be acquired, transferred, or lost, socialist law systems provide for most property to be owned by the state or by agricultural co-operatives, and having special courts and laws for state enterprises.[2]
Many scholars argue that socialist law was not a separate legal classification.[3] Although the command economy approach of the communist states meant that most types of property could not be owned, the Soviet Union always had a civil code, courts that interpreted this civil code, and a civil law approach to legal reasoning (thus, both legal process and legal reasoning were largely analogous to the French or German civil code system). Legal systems in all socialist states preserved formal criteria of the Romano-Germanic civil law; for this reason, law theorists in post-socialist states usually consider the socialist law as a particular case of the Romano-Germanic civil law. Cases of development of common law into socialist law are unknown because of incompatibility of basic principles of these two systems (common law presumes influential rule-making role of courts while courts in socialist states play a dependent role).[4]
An article published in 2016 suggests that socialist law, at least from the perspective of public law and constitutional design, is a useful category. In the NYU Journal of International Law and Policy, William Partlett and Eric Ip argue that socialist law helps to understand the "Russo-Leninist transplants" that currently operate in China's socialist law system. This helps to understand the "distinctive public law institutions and approaches in China that have been ignored by many scholars".[5]
^Quigley, J. (1989). "Socialist Law and the Civil Law Tradition". The American Journal of Comparative Law. 37 (4): 781–808. doi:10.2307/840224. JSTOR 840224.
^"Soviet law". Retrieved September 10, 2016.
^Markovits, I. (December 2007). "The Death of Socialist Law?". Annual Review of Law and Social Science. 3: 233–253. doi:10.1146/annurev.lawsocsci.3.081806.112849.
^"Soviet law". Retrieved September 10, 2016.
^Partlett, William; Ip, Eric C. (September 14, 2015), Is Socialist Law Really Dead?, SSRN 2660098
Socialistlaw or Soviet law are terms used in comparative legal studies for the general type of legal system which has been (and continues to be) used...
heavily influenced by Soviet Socialistlaw, which essentially prioritises administrative law at the expense of private law rights. Due to rapid industrialisation...
not join the National Socialist League for the Maintenance of Law were dismissed. Jewish lawyers and judges and those with socialist or other views inconvenient...
party. The socialistlaw is subordinate and reflects changes to the economic order (the absorption of private law by public law). The socialistlaw has a religious...
A socialist state, socialist republic, or socialist country, sometimes referred to as a workers' state or workers' republic, is a sovereign state constitutionally...
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals...
Chinese law is one of the oldest legal traditions in the world. The core of modern Chinese law is based on Germanic-style civil law, socialistlaw, and traditional...
have declared themselves socialist states or in the process of building socialism. The majority of self-declared socialist countries have been Marxist–Leninist...
world, including the common law, the civil law, socialistlaw, Canon law, Jewish Law, Islamic law, Hindu law, and Chinese law. It includes the description...
established in 1975 under the name Review of SocialistLaw and it was renamed to Review of Central and East European Law in 1991. It is published by Brill. The...
second—building socialist politics with Chinese characteristics—meant "managing state affairs according to the law", developing socialist democracy under...
Quigley, John (Autumn 1989). "SocialistLaw and the Civil Law Tradition" (PDF). The American Journal of Comparative Law. 37 (4). Oxford University Press:...
Rule of law Rule According to Higher LawSocialistlaw Soviet law Tribal sovereignty Western law Comparative law wiki Legal education "Legal Systems of...
the Socialist Republic of Vietnam (Vietnamese: Hiến pháp nước Cộng hòa xã hội chủ nghĩa Việt Nam), is the fundamental and supreme law of the Socialist Republic...
The Republics of the Union of Soviet Socialist Republics or the Union Republics (Russian: Сою́зные Респу́блики, tr. Soyúznye Respúbliki) were national-based...
became the largest and most powerful socialist party in Europe, despite working illegally until the anti-socialistlaws were dropped in 1890. In the 1893...
countries in the 21st century have criminal law grounded in civil law, common law, Islamic law, or socialistlaw. Historically, criminal codes have often...
of agrarian socialist parties in Europe include the Socialist Revolutionary Party (the SRs). The SRs were a prominent agrarian socialist political party...
Basic Law until at least 2047, which contrasts the ‘socialist system and policies’ and ‘the previous capitalist system and way of life’. The Basic Law provides...
of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists where: a certain legal practice is observed...
heavily influenced by soviet Socialistlaw, which essentially inflates administrative law at the expense of private law rights. Today, however, because...
Korea began drafting the present Socialist Constitution as there was a need to set into law the expanding socialist policies and the political, economic...
governed by The Socialist Constitution and operates within the political system of North Korea. North Korea has a codified civil law system, which was...
"socialist", "secular" and "integrity" were added. WE, THE PEOPLE OF INDIA having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR...