- The Oxford Handbook of Criminal Law
- Preface
- List of Abbreviations
- Notes on the Contributors
- Criminology
- Critical Race Theory
- Economic Analysis of Criminal Law
- Feminist Approaches to Criminal Law
- The Transition to Modernity
- Law and Literature
- Philosophy
- Criminal Law and Sociology
- Criminal Law and Technology in a Data-Driven Society
- Medieval Canon Law: The Origins of Modern Criminal Law
- Indigenous Legal Traditions: Roots to Renaissance
- Islamic Criminal Law
- Jewish Law
- Marxist and Soviet Law
- Military Justice
- Theories of Crime and Punishment
- Codification
- Jurisdiction
- Constitutional Principles
- Acts and <i>Actus Reus</i>
- Causation
- Subjective Elements of Criminal Liability
- Inchoate Crimes
- Complicity
- Corporate Criminal Liability
- Necessity/Duress
- Self-Defense
- The Defense of Consent
- Insanity and Intoxication
- Theories of Criminalization
- Homicide
- Offenses Against the Person
- Sexual Autonomy
- Property Offenses
- Drug Offenses
- Terrorism
- “White Collar” Crimes
- Public Welfare Offenses
- The Long Shadow of the Adversarial and Inquisitorial Categories
- Discretion
- Types of Punishment
- Sentencing
- Prison Law
- Paradigms of Penal Law
- Public and Private Law
- Regulatory Offenses and Administrative Sanctions: Between Criminal and Administrative Law
- Comparative Criminal Law
- European Criminal Law
- International Criminal Law
- Index
Abstract and Keywords
This chapter examines Marxist and Soviet law in relation to criminal law. It begins by providing an overview of Marxism and a Marxist critique of law prior to the Russian Revolution, with particular reference to the place of criminal law in the writings of Karl Marx, Friedrich Engels, and Vladimir Lenin. It then considers three main trends in the development of criminal law theory in the Soviet Union and their impact on Soviet criminal codes and overall Soviet criminal policy: “Marxist” radical utopian minimalism, “enemy criminal law” aimed at consolidating the rule of the Communist Party, and the “socialist rule of law” under the reign of Joseph V. Stalin. The chapter also discusses the general principles of Soviet criminal law that make it distinct from Western criminal law systems, focusing on areas such as judicial discretion, actus reus and social dangerousness, mens rea, inchoate crimes and accomplice liability, and punishment.
Keywords: Soviet law, criminal law, Marxism, Karl Marx, Friedrich Engels, Vladimir Lenin, judicial discretion, inchoate crimes, punishment, Soviet Union
School of Law, Saint Louis University
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- The Oxford Handbook of Criminal Law
- Preface
- List of Abbreviations
- Notes on the Contributors
- Criminology
- Critical Race Theory
- Economic Analysis of Criminal Law
- Feminist Approaches to Criminal Law
- The Transition to Modernity
- Law and Literature
- Philosophy
- Criminal Law and Sociology
- Criminal Law and Technology in a Data-Driven Society
- Medieval Canon Law: The Origins of Modern Criminal Law
- Indigenous Legal Traditions: Roots to Renaissance
- Islamic Criminal Law
- Jewish Law
- Marxist and Soviet Law
- Military Justice
- Theories of Crime and Punishment
- Codification
- Jurisdiction
- Constitutional Principles
- Acts and <i>Actus Reus</i>
- Causation
- Subjective Elements of Criminal Liability
- Inchoate Crimes
- Complicity
- Corporate Criminal Liability
- Necessity/Duress
- Self-Defense
- The Defense of Consent
- Insanity and Intoxication
- Theories of Criminalization
- Homicide
- Offenses Against the Person
- Sexual Autonomy
- Property Offenses
- Drug Offenses
- Terrorism
- “White Collar” Crimes
- Public Welfare Offenses
- The Long Shadow of the Adversarial and Inquisitorial Categories
- Discretion
- Types of Punishment
- Sentencing
- Prison Law
- Paradigms of Penal Law
- Public and Private Law
- Regulatory Offenses and Administrative Sanctions: Between Criminal and Administrative Law
- Comparative Criminal Law
- European Criminal Law
- International Criminal Law
- Index