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Books > Social sciences > Politics & government > Political ideologies > Marxism & Communism
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Towards a Jurisprudence of State Communism - Law and the Failure of Revolution (Paperback)
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Towards a Jurisprudence of State Communism - Law and the Failure of Revolution (Paperback)
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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.
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