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.

  • glimmer_twin [he/him]
    hexagon
    ·
    edit-2
    4 years ago

    Awesome comment! Really got me thinking and informed me.

    Part of your comment got me thinking about the separation of powers - as something which seems quite unique to bourgeois states, do you think we’d see it disappear? I know in the USSR the judiciary was subordinate to the Supreme Soviet for instance.

    • hogposting [he/him,comrade/them]
      ·
      4 years ago

      I know in the USSR the judiciary was subordinate to the Supreme Soviet for instance.

      Without knowing how close we are to the Soviet system, there are at least elements of this in the U.S., too. Congress created all federal courts below the Supreme Court, created the modern procedural rules that govern in federal courts, can expand or (effectively) contract the Supreme Court, and (with a large enough majority) can remake the Constitution (and hence the judiciary) however it sees fit. Also, if Congress doesn't like how the courts ruled on a given statute, Congress has the power to simply change the statute.