Justice Under Communism

[Baracko Marx]

How shall justice under communism be administered? With an absence of government, will there be laws?

[Tim Cornelis]

There's loads and loads of threads about this. Since the revleft search function sucks, use google.

http://www.revleft.com/vb/prisons-and-justice-t175812/index.html
http://www.revleft.com/vb/would-legal-system-t177314/index.html?t=177314
http://www.revleft.com/vb/would-socialist-society-t180733/index.html?t=180733
http://www.revleft.com/vb/would-anarchist-communist-t109058/index.html

My answer, there will be a rough code of human conduct known as customary law, which is a comparatively uncomplicated and elementary legal system. Laws will not be created or legislated into existence via popular assemblies but arise sort of organically from society. For instance, at what age can people participate in popular assemblies in communism? Popular assemblies will presumably not decide this at one point but use the 'adult age' which is determined by custom.

A third party group will mediate and arbitrate between disputing parties. And restorative justice will be applied wherever possible.

[Slavic]

There's loads and loads of threads about this. Since the revleft search function sucks, use google.

http://www.revleft.com/vb/prisons-and-justice-t175812/index.html
http://www.revleft.com/vb/would-legal-system-t177314/index.html?t=177314
http://www.revleft.com/vb/would-socialist-society-t180733/index.html?t=180733
http://www.revleft.com/vb/would-anarchist-communist-t109058/index.html

My answer, there will be a rough code of human conduct known as customary law, which is a comparatively uncomplicated and elementary legal system. Laws will not be created or legislated into existence via popular assemblies but arise sort of organically from society. For instance, at what age can people participate in popular assemblies in communism? Popular assemblies will presumably not decide this at one point but use the 'adult age' which is determined by custom.

A third party group will mediate and arbitrate between disputing parties. And restorative justice will be applied wherever possible.


It basically boils down to what the collective with the most guns thinks is right. Which unsurprisingly is the current system now, except what is right is written on a piece of paper.

[Trap Queen Voxxy]

How shall justice under communism be administered?

Sometimes they'll be serious and other times, just for show, lol


With an absence of government, will there be laws?

Нет and you'll have to decide whether you want to kill Mr. Vegas or not and whether or not to nuke Megaton and just chaos and ghouls brah.

[Slavic]

Нет and you'll have to decide whether you want to kill Mr. Vegas or not and whether or not to nuke Megaton and just chaos and ghouls brah.

Well that pretty much depends on which ending this new communist society wants. I personally prefer and advocate harvesting all the Little Sisters. Adam is needed immediately to fight the contra now, not to be saved for later.

[Tim Cornelis]

It basically boils down to what the collective with the most guns thinks is right. Which unsurprisingly is the current system now, except what is right is written on a piece of paper.

I don't get it?

[Rafiq]

It is impossible for us to know. We can speculate, but in the end none of us have absolutely any idea of how this would work.

Needless to say I am very, very skeptical of the notion that there can simply be an "absence of government". Furthermore, (while not ideologically being reactionary) the notion of autonomous, self-governing communities sounds like a step backward as far as the achievements of human civilization goes. A unified, global community with a central power is what one would expect from a series of proletarian dictatorships. Hypothetically speaking, a single, universalized standard at least on some level must be recognized for all communities without exception.

[Slavic]

I don't get it?


Laws will not be created or legislated into existence via popular assemblies but arise sort of organically from society.

If laws arise organically from society then these laws are essentially just the norms and customs of the society. They are all agreed upon by society because they are normal to that society, they are organic, not created.

A law is nothing if it is not enforced, else it would cease to be a law. I can not fathom how a law could be enforced less through some authoritarian act. Hence I came to the conclusion that who ever has enough will to enforce their norms and customs dictates what is law in their society.

[Tim Cornelis]

If laws arise organically from society then these laws are essentially just the norms and customs of the society. They are all agreed upon by society because they are normal to that society, they are organic, not created.

A law is nothing if it is not enforced, else it would cease to be a law. I can not fathom how a law could be enforced less through some authoritarian act. Hence I came to the conclusion that who ever has enough will to enforce their norms and customs dictates what is law in their society.

Norms and customs can be enforced through sheer acceptance. For instance, in both band society and more tribal societies with customary law, people would, for instance, go to an elder with a dispute for arbitration and would accept his or her arbitration not because he or she wielded violent power, but since that is expected conduct.

"Traditional common rule or practice that has become an intrinsic part of the accepted and expected conduct in a community, profession, or trade and is treated as a legal requirement.

http://www.businessdictionary.com/definition/customary-law.html#ixzz3CkurkyLd"

From a free market book:

"Law can imposed from above by some coercive authority, such as a king, a legislature, or a supreme court, or law can develop "from the ground" as customs and practice evolve. Law imposed from the top — authoritarian law — typically requires the support of a powerful minority; law developed from the bottom up — customary law — requires widespread acceptance ... Customary law is recognized, not because it is backed by the power of some strong individual or institution, but because each individual recognizes the benefits of behaving in accordance with other individuals' expectations, _given_ that others also behave as he expects. Alternatively, if a minority coercively imposes law from above, then that law will require much more force to maintain social order than is required when law develops from the bottom through mutual recognition and acceptance." (The Enterprise of Law).

But it additionally doesn't apply because the customs and norms would be the same in a certain demarcated society, so there wouldn't be rival groups.

[Slavic]

You really don't think cultures will not overlap and customs from one culture won't conflict with that of another?