ABSTRACT

This chapter points out that the project of tearing down the law specific to the Russian Revolution took a rather tortuous form. It aims to investigate the survival of the legal form within the context of Stalinism by taking a different path than the one followed so far. The chapter seeks to follow the ways in which the law of the state was redeemed as the final guarantee of the social order. It also aims to reflect on the ways in which Stalinism constituted a retreat of the emancipatory political subjectivity of Marxism and marked a point in the history of law and jurisprudence. The chapter discusses a philosophical issue that is central for legal and political philosophy. It intends to connect the jurisprudential relevance of the survival of the legal form with the broader historical context that rendered it possible. The chapter discusses the survival of the state and law under the conditions of socialism.