From Revolution to Regulation: How Communism Reshaped Law and Justice

Communist ideology fundamentally transformed the purpose of legal systems by rejecting the notion of law as a neutral and timeless entity. Instead, Marxist legal theory, influenced by thinkers like Friedrich Engels, viewed law as a tool of class struggle, designed to facilitate the domination of one class over another. This perspective shifted law's primary function in communist states to serving the interests of the ruling class and advancing the goals of the socialist revolution. It moved away from abstract principles to reflect economic realities and enforce ideological priorities.

Two main currents shaped the development of law in communist states: utopianism and instrumentalism. Utopianism, prevalent among early communist thinkers, envisioned a future society without the need for law or the state, believing that class divisions would disappear. This influenced initial reforms like abolishing pre-revolutionary courts and encouraging judges to rely on 'revolutionary legal consciousness.' Instrumentalism, on the other hand, took a more pragmatic approach, viewing law as a tool to build new economic institutions and suppress class enemies, as emphasized by Vladimir Lenin.

Under Stalin, the Soviet Union underwent a significant shift away from utopian ideals towards a system characterized by strict legality and centralized control. The state was strengthened, and law became an instrument to enforce ideological priorities and consolidate 'socialist property.' This era saw the rise of political justice administered through extrajudicial procedures, existing alongside a formal legal system. This marked a departure from the earlier, more idealistic views of law's role in a communist society.

The collapse of communist states did not erase the influence of their legal systems. In many former communist countries, informal norms and practices from the Soviet era persist, affecting the behavior of justice officials and public attitudes towards law. While some view law instrumentally as a tool for public policy, others see it as a means to resolve disputes. This duality reflects the complex legacy of communist legal systems, where the formal structures may have changed, but the underlying attitudes and practices continue to shape legal landscapes.

In the early stages of communist legal reform, 'revolutionary legal consciousness' was promoted as a guiding principle for judges, encouraging them to rely on their understanding of revolutionary goals and class interests rather than traditional legal rules. This approach was rooted in the utopian vision of a society where formal law would become obsolete. However, this reliance on subjective interpretation led to inconsistency and unpredictability in legal outcomes. The lack of clear, objective standards created opportunities for abuse and undermined the rule of law, contributing to the shift towards more formalized and centralized legal control under leaders like Stalin.