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The Bolshevik legal legacy

November 6, 2013

Sometimes you read something so thoughtful and empirically indisputable that you wonder why you have never written about such things with such brevity and clarity yourself, instead merely touching on this legacy from time to time.

Ekaterina Mishina has written just such a piece over at the Institute of Modern Russia.  It outlines an empirical lineage between early Soviet “law” and the thinking behind today’s selective justice by some current (and recent) leaders of post-Soviet nations – all of which are well versed in the Soviet logic of “this person is a problem – find a law to deal with them.”

In short here is the person, find an offence – instead of here is the offence, find the person as many readers would expect.

“……..if an act or omission was not designated under current criminal law as an offense, that still did not mean that a person could not be prosecuted for it.  Here, the judge’s role came into play, as he had to find an offense in the existing Soviet legislation that was analogous to the performed actions (or failure to act).”

In many instances of selective justice throughout the post-Soviet nations today, a nuanced variation Bolshevik legacy seems alive and well.

Anyway, click on the above link and read the whole thing.  It’s very good!

 

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