Socialism

Law, Socialism and Democracy (Routledge Library Editions: Political Science, Volume 9)

Law, Socialism and Democracy (Routledge Library Editions: Political Science, Volume 9)

Paul Q. Hirst

Language: English

Pages: 164

ISBN: 041555540X

Format: PDF / Kindle (mobi) / ePub


This book explores the political and legal institutions necessary for a democratic socialism in advanced industrial societies. It argues that a democratic socialist society needs a firm framework of public law, and a formal constitution. Populist conceptions of direct democracy and informal justice are argued to be inadequate as the primary means of democratic control in a complex society; likewise Marxist views of the "withering away of the state" are challenged as utopian. The book maintains that radical reforms in political institutions are necessary in order to effect social change.

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in their form by calculation and not given to them by some other agent. The classic examples of such agents are capitalist firms, but others are just as pertinent, like monastic orders deciding whether and where to establish a new house, or feudal landlords deciding to establish a local market or to use fines more systematically, or the leadership of an autonomous expeditionary corps determining what strategy to pursue; (3)that the agent operates in a sphere of activity in parallel with, opposed

paralleled by Marxist arguments that seek to problematize the form of law. Unconditional abortion is a revolutionary demand capitalism cannot meet. The 1967 Act is an example of a manipulative politics of population control in the interests of capitalist reproduction of a healthy labour force. It seeks to control ‘social problems’, to prevent the social costs of unwanted and deformed children. A woman should have an absolute right to choose how to control her own body. An ideal ‘socialism’ is

organization of the economy have changed. A slogan like ‘a woman’s right to choose’ may be an effective campaigning device, especially when it means the effective provision of contraception and abortion facilities, liberalization of grounds for abortion, etc.14 But this slogan can be operationalized only in the legal definition of capacity and the organizational provision of means. The danger of such a slogan is when it signifies an absolute and unconditional ‘right’ outside of law; such a demand

offers the manufacturing labour force the maximum of compensatory advantage. Much of this advantage cannot be provided within the private sector industrial enterprise: any enterprise-based measures must be complemented by alternative job creation by central and local government, a genuine retraining initiative, state subsidy of alternative forms of work participation and civilized standards of support for the unemployed. Without such public policies, workforces will resist further job losses with

83, 161 Hayek, F. A. von 3 Heath, Edward 125 Hegel, G. W. F. 3 Herzen, Alexander 115, 161 Hitler, Adolf 101, 105 Hobbes, Thomas 72–3, 89, 95, 101, 106 Hunt, Alan 76, 161 incomes policy 134–5 industrial democracy 119–20, 124–5, 126–8,130,132–3, 136–41 inspectorates 121–3 IRC (Industrial Reorganization Commission) 139 Jaggi, M. 49, 161 Jefferson, Thomas 66 Jenkins, Clive 141 Jones, Jack 141 Kant, Immanuel 74, 81, 161 Kautsky, Karl 30, 64, 92–3, 97,105,109, 161 Kelsen, Hans 79–80, 82,

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