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At the cross roads between Soviet Russian and Nazi German jurisprudence; A comparative work

Mečević, Monika (2012) At the cross roads between Soviet Russian and Nazi German jurisprudence; A comparative work. Honours thesis, Murdoch University.

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This paper seeks to draw attention to the similarities displayed in the manner in which Soviet Russia and Nazi Germany ruled and developed their own respective jurisprudential theories of law. Taking a totalitarian approach, they elevated their power of the one-party state to ultimate supremacy. Their ideology was entrenched within every crevice of society but most blatantly reflected itself in their new found jurisprudence which served as a justification for the disregard of human rights and the various atrocities which were committed. The community was placed above the individuals, and any appearance of the rule of law was demolished. The judicial branches of government became an extension of each Party’s power, taking hold of all aspects of social life. The judicial world was brainwashed into obedience of Party ideology out of fear and fervour. This article examines the development of Marxist jurisprudence in Soviet Russia, from inception to the rule of Stalin, in comparison to the Nazi jurisprudence which developed within the Third Reich. This comparative work illustrated the five main parallels between the two regimes: the one-party state that opposed all democratic values, the furtherance of a new man, the subordination of the law to the ruling party, the eradication of the enemy class and the use of the police state.

Item Type: Thesis (Honours)
Murdoch Affiliation(s): School of Law
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Supervisor(s): Zimmermann, Augusto
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