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  • 9 - Soviet Law and Political Religion

  • from C - Legal-Theological Roots
  • Edited by David C. Flatto, Hebrew University of Jerusalem, Benjamin Porat, Hebrew University of Jerusalem
  • Book:
    Law as Religion, Religion as Law
    Published online:
    11 August 2022
    Print publication:
    25 August 2022, pp 225-247
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  • Summary

    Political religion is a popular concept for studying totalitarian regimes including the Soviet political regime. In this paper, I contribute to the field by utilizing it for studying Soviet law. I start with brief description of the Soviet political religion and its ideological premisesMarxism-Leninism teachings on state and society. Then I elaborate on what I call “the symbol of faith of Soviet law” a set of ideas or dogmas that exhibit the influence of Soviet political religion on Soviet law. These ideas concern the nature of Soviet law, its role in society and in the movement toward communism, how law interacts with politics and the State, and its relationship with bourgeois law. Then I show how Soviet jurisprudence developed these ideas in what I call “theology of Soviet law”. Finally, by exploring four concepts in Soviet law uniqueness, publicness, politicization, and socialist legality, I try to clarify how and to what extent Soviet political religion influenced the real legal system of the Soviet Union.