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First Published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.
This book explains an interaction between Soviet Russia and the West that has been overlooked in much of the analysis of the demise of the USSR. Legislation strikingly similar to the Marxist-inspired laws of Soviet Russia found its way into the legal systems of the Western world. Even though Western governments were at odds with the Soviet government, they were affected by the ideas it put forth. Western law was transformed radically during the course of the twentieth century, and much of that change was along lines first charted in Soviet law.
This book is an unconventional reappraisal of Soviet law: a field that is ripe for re-evaluation, now that it is clear of Cold War cobwebs; and, as this book shows, one that is surprisingly topical and newly compelling. Scott Newton argues here that the Soviet order was a work of law. Drawing on a wide range of sources – including Russian-language Soviet statues and regulations, jurisprudence, legal theory, and English-language ‘legal Kremlinology’ – this book analyses the central significance of law in the design and operation of Soviet economic, political, and social institutions. In arguing that it was an exemplary, rather than aberrant, case of the uses to which law was put in twentieth-century industrialised societies, Law and the Making of the Soviet World: The Red Demiurge provides an insightful account of both the significance of modern law in the Soviet case and the significance of the Soviet case for modern law.
TheyÕve been listening for longer than you think. A new history reveals howÑand why. Wiretapping is nearly as old as electronic communications. Telegraph operators intercepted enemy messages during the Civil War. Law enforcement agencies were listening to private telephone calls as early as 1895. Communications firms have assisted government eavesdropping programs since the early twentieth centuryÑand they have spied on their own customers too. Such breaches of privacy once provoked outrage, but today most Americans have resigned themselves to constant electronic monitoring. How did we get from there to here? In The Listeners, Brian Hochman shows how the wiretap evolved from a specialized intelligence-gathering tool to a mundane fact of life. He explores the origins of wiretapping in military campaigns and criminal confidence games and tracks the use of telephone taps in the US governmentÕs wars on alcohol, communism, terrorism, and crime. While high-profile eavesdropping scandals fueled public debates about national security, crime control, and the rights and liberties of individuals, wiretapping became a routine surveillance tactic for private businesses and police agencies alike. From wayward lovers to foreign spies, from private detectives to public officials, and from the silver screen to the Supreme Court, The Listeners traces the long and surprising history of wiretapping and electronic eavesdropping in the United States. Along the way, Brian Hochman considers how earlier generations of Americans confronted threats to privacy that now seem more urgent than ever.
This volume is an unabridged translation of the textbook ‘Soviet Civil Law’, originally published in 1983 under the auspices of the USSR Ministry of Justice. Edited by Professor O.N. Sadikov, the work includes contributions from nine Soviet legal scholars
Everyday Law in Russia challenges the prevailing common wisdom that Russians cannot rely on their law and that Russian courts are hopelessly politicized and corrupt. While acknowledging the persistence of verdicts dictated by the Kremlin in politically charged cases, Kathryn Hendley explores how ordinary Russian citizens experience law. Relying on her own extensive observational research in Russia’s new justice-of-the-peace courts as well as her analysis of a series of focus groups, she documents Russians’ complicated attitudes regarding law. The same Russian citizen who might shy away from taking a dispute with a state agency or powerful individual to court might be willing to sue her insurance company if it refuses to compensate her for damages following an auto accident. Hendley finds that Russian judges pay close attention to the law in mundane disputes, which account for the vast majority of the cases brought to the Russian courts. Any reluctance on the part of ordinary Russian citizens to use the courts is driven primarily by their fear of the time and cost—measured in both financial and emotional terms—of the judicial process. Like their American counterparts, Russians grow more willing to pursue disputes as the social distance between them and their opponents increases; Russians are loath to sue friends and neighbors, but are less reluctant when it comes to strangers or acquaintances. Hendley concludes that the "rule of law" rubric is ill suited to Russia and other authoritarian polities where law matters most—but not all—of the time.
Law, Rights and Ideology in Russia: Landmarks in the destiny of a great power brings into sharp focus several key episodes in Russia’s vividly ideological engagement with law and rights. Drawing on 30 years of experience of consultancy and teaching in many regions of Russia and on library research in Russian-language texts, Bill Bowring provides unique insights into people, events and ideas. The book starts with the surprising role of the Scottish Enlightenment in the origins of law as an academic discipline in Russia in the eighteenth century. The Great Reforms of Tsar Aleksandr II, abolishing serfdom in 1861 and introducing jury trial in 1864, are then examined and debated as genuine reforms or the response to a revolutionary situation. A new interpretation of the life and work of the Soviet legal theorist Yevgeniy Pashukanis leads to an analysis of the conflicted attitude of the USSR to international law and human rights, especially the right of peoples to self-determination. The complex history of autonomy in Tsarist and Soviet Russia is considered, alongside the collapse of the USSR in 1991. An examination of Russia’s plunge into the European human rights system under Yeltsin is followed by the history of the death penalty in Russia. Finally, the secrets of the ideology of ‘sovereignty’ in the Putin era and their impact on law and rights are revealed. Throughout, the constant theme is the centuries long hegemonic struggle between Westernisers and Slavophiles, against the backdrop of the Messianism that proclaimed Russia to be the Third Rome, was revived in the mission of Soviet Russia to change the world and which has echoes in contemporary Eurasianism and the ideology of sovereignty.
The first comprehensive account of Stalin's struggle to make criminal law in the USSR a reliable instrument of rule offers new perspectives on collectivization, the Great Terror, the politics of abortion, and the disciplining of the labor force.