What would a just legal system even look like in a socialist society? It seems like the legal system under capitalism still holds on to a lot of weird feudal stuff, so it’s kind of hard for me to get my head around what would come after this, if we completely destroyed the bourgeois legal system.
I have no education in law and it all seems intentionally opaque, so I feel like I can’t even begin to imagine an alternative.
I think its important to note that when it comes to the bourgeois legal systems we will certainly keep elements of it just as we maintain elements of the feudal legal system now. This is how dialectics work.
That being said, the vast majority of bourgeois law concerns property relations which will be streamlined significantly under a socialist system. Laws criminalizing the pettiest of crimes will likely be erased or revised to far less harmful sentences. Redundancies or senseless laws shall be erased and forgotten. I would also like to think the concept of federalism shall be done away with.
Trials shall proceed similarly to the bourgeois system, though they should be simplified and made more fair. Corruption will likely remain a problem but we will fight it vigorously unlike now where it is acknowledged and even accepted.
Sentencing will be less harsh for most if not all crimes. Reeducation and rehabilitation shall be common and long prison sentences shall be rare or abolished. They may be an unpopular opinions but I do think that at the beginning we might be quite brutal and perhaps even retain capital punishment, but I could be swayed against that idea. Our targets shall be the bourgeoisie and as such bourgeois crimes shall receive the greatest punishments.