Philosophy of Society

Philosophy of Law

Socialist Legal Family

The Socialist Legal Family encompasses legal traditions that emerged in the Soviet Union following the 1917 revolution and in countries governed by socialism. The formation of this system occurred between 1917 and 1930, under the auspices of Soviet authority. Its goal was the complete realization of Marxist-Leninist ideology and the total abrogation of individual civil rights. The foundation of this legal system was historical materialism, as developed by Karl Marx. Marx posited that humanity progresses through various stages of development (primitive-communal, slave-owning, feudal, capitalist, and socialist). At each stage, distinct productive relations (norms of coexistence) are in place. As productive forces (people) advance, they may become constrained by existing productive relations, leading them to revolt, dismantle these relations, and establish new ones that initially suit their needs. Over time, however, these new relations too become obsolete, prompting further revolution and reconstruction. Since revolution is disruptive to society, it would be ideal if productive relations evolved in tandem with productive forces. Marxists aimed to identify and rectify the reasons for the stability and rigidity of productive relations. The failure to evolve productive relations in line with productive forces is attributed to those who benefit from the status quo: the ruling class of wealthy individuals who control the means of production and distribution. The desire of the ruling class to maintain existing orders and the efforts of the oppressed class to change them lead to class struggle. This struggle would cease, and productive relations would develop harmoniously with productive forces only if the dividing factor—capital—were eliminated. Hence, Marxists advocated for the abolition of private property and the transfer of all individual freedoms to the state. Such reforms necessitated a radical overhaul of legal ideology and legislative traditions. The Socialist Legal System was characterized by several key features:

• The legal system was viewed not as an independent reality but merely as the manifestation of Marxist ideology. Marxists asserted that all aspects of culture are products of societal development, thus law was understood solely as a social phenomenon. In other words, human law does not embody natural law principles but is a creation of society at a given stage of its development.
• Law was perceived not as a good that facilitates civilized coexistence but as a necessary evil, to be adhered to with the expectation that, once everyone becomes a conscious communist, the need for law would vanish. This is why the legal consciousness of the "Soviet person" was so low, and even today, in countries that experienced the "red plague," fostering respect for the law and motivation to obey it remains challenging.
• The Socialist Legal System was unique in its assertion that the state held a monopoly on law-making. Unlike other systems where the state has the right to legislate but does not possess a monopoly on law-making, the Soviet jurists claimed that law exists solely through the state. To this day, in post-Soviet countries, state and law are perceived as inseparable concepts. Even now, students learn "Theory of State and Law," based on the fundamentally flawed Soviet belief that law cannot exist without the state.
• The judicial system within the Socialist Legal System was not independent but subordinated to the state. Consequently, the state deemed itself entitled to make judicial decisions outside the formal judicial process. For instance, during the Great Terror in the USSR, NKVD troikas (three officers) could sentence individuals to death without any court proceedings and execute it immediately; even children over twelve could be sentenced to execution for violating labor discipline or failing to meet production norms.
• The will of the party was considered supreme over the law. If the party deemed it necessary to alter any law to realize communist ideals, it could do so without hesitation.

Such a legal system was employed by communist regimes worldwide, justifying bloody purges, genocides, and violations of human rights and freedoms. The fall of communist regimes has enabled many nations to build legal states and civil societies. However, overcoming the negative consequences of erroneous views on the nature of law and the relationship between law and state, deeply ingrained by Marxism-Leninism, is challenging. A complete reformation of legal consciousness is required.