LEGALST 153 Lecture Notes - Lecture 4: Homo Economicus, Proletariat, Dialectic
2 Feb 2017
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State acts under and is restrained by war. Constraints on state (rights) derive from (english) practice. Autonomous legal profession protects rights, adjudicates disputes. Constraints derive from positive (roman originally) law. State adjudicates disputes and protects rights (enforces obligations) Both liberal legal ordering working well in 19th century (same convergence) Both versions modified as industrial societies" problems emerged. Single party monopoly on control of state. Embedded in each enterprise, army unit, government bureau. History is a dialectic struggle between classes. Once proletariat triumphs, there is order without law. Until then, there are class enemies to surpress. Law must work differently in communist bloc. Revolutionary fervor sweeps away law but it returns. Common feature: law operates only to serve party-state. State has some interests that are common to individual interests. Every state wants to resolve everyday disputes. Leninist state: facilitate survival, ensure party control. Separate out political crime, which are offenses against the state.
