from Part II - The Generative/Productive Cold War
Published online by Cambridge University Press: 05 December 2019
The Cold War had numerous effects on Soviet political transitions and internal affairs, but its impact on Soviet legal doctrine was underestimated and profound. As Hans Kelsen acknowledged: ‘Soviet legal theory adapts itself submissively to every change of the Soviet government’.
But how did Soviet legal doctrine and theory manage this task, and why did the Soviets embrace forms of liberal legalism at the height of the Cold War? This chapter answers the first question by showing how, in order to effect this ‘submission’, Soviet legal doctrine and theory adopted combinations of hard positivism, hermetic monism, indeterminacy in the service of national interest and an extreme liquidity of legislation during the Cold War.
To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.