CHAPTER 8
GOLUNSKII AND STROGOVICH'S THEORY OF STATE AND LAW

'Classes' in a classless society

THE contradiction which exists in maintaining that there is a dominant class and that the law is the expression of its will, but at the same time, that the law is the will of the whole people, becomes evident with particular clarity in the work Theory of State and Law, by S. A. Golunskii and M. S. Strogovich.1 The writers admit that as soon as the means of production have 'become social property, and so cannot be utilised for purposes of exploitation' -- which is the case in the Soviet Union -- 'the foundation of the division of society into classes...disappears'.2 But that does not mean, according to Golunskii and Strogovich, that in the Soviet Union a classless society already exists; it means only that 'the way to classless society is opened', so that the society of the Soviet Union is still a society divided into classes. In order to justify this view, the authors say with respect to the stage of socialism which is not yet perfect communism because the productivity of labour 'is still not high enough to satisfy the requirements of all the members of society', that

'there are still traces of class differences: the worker class is still distinct from the peasantry (although that difference is constantly being effaced, and there is no antagonistic conflict of interest between the worker class and the peasantry). There is still a difference between city and village, between intellectual and physical labour: wherefore intellectuals are preserved as a special social stratum of persons performing intellectual labour. However, they too, are not only not hostile to the worker class and the peasantry as is frequently the case under capitalism: on the contrary that stratum is itself made up of the advanced and best workers and peasants and serves their interests'.3

____________________
1
Published by the Institute of Law of the U.S.S.R. Academy of Sciences, Moscow, 1940; loc. cit., p. 351et seq.
2
Soviet Legal Philosophy, p. 351et seq.
3
Loc. cit., p. 352.

-133-

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