TY - JOUR
T1 - Comparative Criminal Law within the Soviet Union: A Review
AU - Butler, William E.
PY - 1973/12/1
Y1 - 1973/12/1
N2 - The application of the comparative method to the study of two or more legal systems has led a jaded existence in the Soviet Union, for a variety of reasons. As a technique of inquiry, it has been acceptable only insofar as its utilization conforms to the general methodology of dialectical and historical materialism: "It is wrong to think," a Soviet jurist has argued, "that research procedures make up a series of instruments that, from an ideological and political point of view, are neutral."' Marxist jurists consequently have no sympathy for the view that ''comparison" is some type of "objective" or truly "scientific" method, nor, in common with the overwhelming majority of western comparatists, do they look upon comparative law as an autonomous branch of jurisprudence.
AB - The application of the comparative method to the study of two or more legal systems has led a jaded existence in the Soviet Union, for a variety of reasons. As a technique of inquiry, it has been acceptable only insofar as its utilization conforms to the general methodology of dialectical and historical materialism: "It is wrong to think," a Soviet jurist has argued, "that research procedures make up a series of instruments that, from an ideological and political point of view, are neutral."' Marxist jurists consequently have no sympathy for the view that ''comparison" is some type of "objective" or truly "scientific" method, nor, in common with the overwhelming majority of western comparatists, do they look upon comparative law as an autonomous branch of jurisprudence.
KW - Comparative Criminal Law
KW - Soviet Union
KW - review
UR - https://digitalcommons.schulichlaw.dal.ca/dlj/vol1/iss2/7
UR - https://digitalcommons.schulichlaw.dal.ca/cgi/viewcontent.cgi?article=1016&context=dlj
M3 - Article
JO - Dalhousie Law Journal
JF - Dalhousie Law Journal
ER -