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Towards a Jurisprudence of State Communism

Book

Towards a Jurisprudence of State Communism

DOI link for Towards a Jurisprudence of State Communism

Towards a Jurisprudence of State Communism book

Law and the Failure of Revolution

Towards a Jurisprudence of State Communism

DOI link for Towards a Jurisprudence of State Communism

Towards a Jurisprudence of State Communism book

Law and the Failure of Revolution
ByCosmin Cercel
Edition 1st Edition
First Published 2017
eBook Published 20 November 2017
Pub. Location London
Imprint Routledge
DOI https://doi.org/10.4324/9781315544113
Pages 240
eBook ISBN 9781315544113
Subjects Humanities, Law, Politics & International Relations
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Cercel, C. (2017). Towards a Jurisprudence of State Communism: Law and the Failure of Revolution (1st ed.). Routledge. https://doi.org/10.4324/9781315544113

ABSTRACT

More than twenty-five years after the collapse of the Socialist bloc, the nature of the regimes in Eastern Europe between 1945 and 1989 continues to evade the attempts of political theorists and scholars of post-communism to define and classify them. Drawing on philosophical inquiry, jurisprudential analysis and intellectual history, this book traces the impact of communist ideology and practice on legal thought: from its critical roots in the midst of the nineteenth century to its reactionary stand in the later years of the twentieth. Exploring how the communist experience – both in its revolutionary and authoritarian guises – has been articulated within the legal theoretical field, the book addresses two central theoretical lacunae fostered by the historiography of authoritarianism in Central and Eastern Europe: the status of law, and its relationship to the broader ideological framework legitimising authoritarian regimes. Moving beyond the limits of the contemporary discourse on communism – particularly as it is channelled through transitional justice and memory studies – Cosmin Cercel develops a theoretical framework that is able to uncover law’s complicity with the extreme ideologies that dominated Central and Eastern Europe. For it is, he argues, in its recourse to legal concepts that the communist experience raises important jurisprudential questions for our contemporary understanding of law, the limits of state sovereignty, and law’s relationship to historical violence.

TABLE OF CONTENTS

chapter |14 pages

Introduction

chapter 1|31 pages

Law before communism

Modernity and the authoritarian drive

chapter 2|26 pages

A criticism of the heaven

Class struggle and the law in theory and practise

chapter 3|25 pages

Revolution under siege

Law, violence and Marxist legal theory

chapter 4|24 pages

Revolution betrayed

The great retreat and the enduring legal canon

chapter 5|30 pages

The discourse of the master

War, law and the communist takeover

chapter 6|25 pages

Law as state truth

The law-preserving violence and the limits of communism

chapter 7|23 pages

Exit communism

Legal amnesia and the return of the repressed

chapter |9 pages

Conclusion

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