Die Neue Zeit
31st August 2011, 04:49
Mike Macnair of the CPGB talks provides a Marxist approach to law, lawyers and judges at Communist University 2011:
http://cpgb.podbean.com/2011/08/23/cu-2011-dont-trust-judges-mike-macnair/
Near the beginning he argues that the collapse of the legal into the political via soviets or people's courts, evokes Bakuninism. He also argues that left-populist calls for greater judicial action against press abuse is not the way to go. Furthermore, he mentions Lars Lih's term "state monopoly campaignism (http://www.revleft.com/vb/do-we-address-t109089/index.html?p=1447224)," a criticism of traditional socialist approaches to the mass media (nationalization).
The main case approach used for the main point traces the long history of UK unions being illegal at common law.
Solutions outlined starting at 41:00 or so:
1) Codification and periodic re-codification, so the law becomes more accessible to the public
2) Universal trial by jury, with more regular participation (more than once a year)
3) Flattening of judicial hierarchies (too many courts of appeal are advantageous to those with deep pockets)
4) Absorbing some judicial functions to the legislature, so final rulings should be passed to the legislature to be enacted as law
Macnair concludes by comparing Byzantine judicial approaches to Gothic judicial approaches and prefers the latter in light of the decay of law under today's society.
http://cpgb.podbean.com/2011/08/23/cu-2011-dont-trust-judges-mike-macnair/
Near the beginning he argues that the collapse of the legal into the political via soviets or people's courts, evokes Bakuninism. He also argues that left-populist calls for greater judicial action against press abuse is not the way to go. Furthermore, he mentions Lars Lih's term "state monopoly campaignism (http://www.revleft.com/vb/do-we-address-t109089/index.html?p=1447224)," a criticism of traditional socialist approaches to the mass media (nationalization).
The main case approach used for the main point traces the long history of UK unions being illegal at common law.
Solutions outlined starting at 41:00 or so:
1) Codification and periodic re-codification, so the law becomes more accessible to the public
2) Universal trial by jury, with more regular participation (more than once a year)
3) Flattening of judicial hierarchies (too many courts of appeal are advantageous to those with deep pockets)
4) Absorbing some judicial functions to the legislature, so final rulings should be passed to the legislature to be enacted as law
Macnair concludes by comparing Byzantine judicial approaches to Gothic judicial approaches and prefers the latter in light of the decay of law under today's society.