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Popular Use of Yugoslav Labor Courts and the Contradiction of Social Courts

Published online by Cambridge University Press:  02 July 2024

Robert M. Hayden
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Abstract

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A basic tenet of communist legal theory is that the judicial function should be socialized, that is, executed by laymen rather than by professional judges. Social courts have been created in all of the Eastern European socialist countries to fulfill this mandate. However, the little empirical evidence available on the use of these courts indicates that they are rarely used voluntarily by individuals, but rather are primarily instruments of state social control over individuals.

The major exception to this pattern of use is exhibited by the Yugoslav version of social labor courts, the Courts of Associated Labor (hereafter CAL). These courts are heavily used, and over 90 percent of their cases are brought by individual workers. This paper discusses why the CAL are attractive to individual workers, drawing on ethnographic research in the trial CAL in Belgrade and on the political arguments surrounding a 1982 parliamentary effort to “reform” the CAL out of effective existence. The basic conclusion is that the CAL are successful in attracting individual workers as litigants because they are not really social courts. Further, it is suggested that the idea of social courts is contradictory: Such courts can offer little to most members of society, but instead are even more prone than regular courts to be used as mechanisms for social control by politically powerful elites.

Type
Research Article
Information
Law & Society Review , Volume 20 , Issue 2 , 1986 , pp. 229 - 251
Copyright
Copyright © 1986 by The Law and Society Association

Footnotes

The research reported in this paper was supported at various times by the Fulbright Exchange Program with Yugoslavia, the National Science Foundation Law and Social Sciences Program (Grant No. SES-8409554) and the American Bar Foundation. This support is acknowledged with thanks. An earlier version of this paper was presented at the Wenner-Gren Foundation International Symposium on “Ethnohistorical Models of the Evolution of Law in Specific Societies,” in Bellagio, Italy, August 10-18, 1985; I am grateful for the comments of my colleagues at that symposium. I would also like to thank John Comaroff, Sally Engel Merry and Eric Steele for their helpful comments on earlier drafts.

References

ABEL, Richard (1982) The Politics of Informal Justice, 2 Vols. New York: Academic Press.Google Scholar
AUSTIN, Granville (1972) The Indian Constitution: Cornerstone of a Nation. Bombay: Oxford University Press.Google Scholar
BAILEY, F. G. (1983) The Tactical Uses of Passion. Ithaca: Cornell University Press.Google Scholar
BAXI, Upendra and Marc, GALANTER (1979) “Panchayat Justice: An Indian Experiment in Legal Access,” in Cappelletti, M. (ed.), Access to Justice, Vol. 3. Milan: Giuffre.Google Scholar
BERG, BERG Ger van (1983) “Judicial Settlement of Individual Labor Disputes in the Soviet Union,” 9 Review of Socialist Law 125.Google Scholar
BERMAN, Jesse (1969) “The Cuban Popular Tribunals,” 69 Columbia Law Review 1317.Google Scholar
BLANC-JOUVAN, Xavier (1971) “The Settlement of Labor Disputes in France,” In B. Aaron (ed.), Labor Courts and Grievance Settlement in Western Europe, Berkeley: University of California Press.Google Scholar
BOURDIEU, P. (1977) Outline of a Theory of Practice, Richard Nice (trans.). Cambridge: Cambridge University Press.CrossRefGoogle Scholar
BUTLER, William (1972) “Comradely Justice in Eastern Europe,” 25 Current Legal Problems 200.Google Scholar
BUTLER, William (1977) “Comradely Justice Revised,” 3 Review of Socialist Law 325.Google Scholar
CAPPELLETTI, Mauro (ed.) (1978-79) Access to Justice, 4 Vols. Milan: Giuffre.Google Scholar
CARTER, April (1982) Democratic Reform in Yugoslavia: The Changing Role of the Party. London: Frances Pinter.Google Scholar
COLLIER, Jane (1976) “Political Leadership and Legal Change in Zinacantan,” 11 Law & Society Review 131.Google Scholar
COMISSO, Ellen T. (1979) Workers' Control under Plan and Market: Implications of Yugolsav Self-Management. New Haven: Yale University Press.Google Scholar
DANZIG, Richard (1973) “Toward the Creation of a Complementary, Decentralized System of Criminal Justice,” 26 Stanford Law Review 1.Google Scholar
DANZIG, Richard, and Michael, LOWY (1975) “Everyday Disputes and Mediation in the United States: A Reply to Professor Felstiner,” 9 Law & Society Review 675.Google Scholar
DJILAS, Milovan (1957) The New Class. New York: Harcourt, Brace, World.Google Scholar
FISHER, Eric (1975) “Comment—Community Courts: An Alternative to Conventional Criminal Adjudication,” 24 American University Law Review 1253.Google Scholar
GALANTER, Marc (1974) “Why the ‘Haves’ Come out Ahead: Speculations on the Limits of Legal Change,” 9 Law & Society Review 95.Google Scholar
GALANTER, Marc (1983) “Reading the Landscape of Disputes: What We Know and Don't Know (and Think We Know) about Our Allegedly Contentious and Litigious Society,” 31 UCLA Law Review 4.Google Scholar
GALANTER, Marc (1984) “Presidential Address,” Presented at the Annual Meeting of the Law and Society Association, Boston (June 8).Google Scholar
GSURS: Glasnik Suda udruženog rada Srbije (1977, 1982).Google Scholar
HARRINGTON, Christine (1984) “The Politics of Participation and Nonparticipation in Dispute Processes,” 6 Law & Policy 203.Google Scholar
HAYDEN, Robert (1985) “Who Wants Informal Courts? Paradoxical Evidence from a Yugoslav Attempt to Create Workers' Courts for Labor Cases,” American Bar Foundation Research Journal 293.Google Scholar
HAYDEN, Robert (in press) “Labor Courts and Workers' Rights in Yugoslavia: A Case Study of the Contradictions of Socialist Legal Theory and Practice,” Studies in Comparative Communism.Google Scholar
HAZARD, John (1960) Settling Disputes in Soviet Society. New York: Columbia University Press.CrossRefGoogle Scholar
ISAACMAN, Barbara, and Allen, ISAACMAN (1982) “A Socialist Legal System in the Making: Mozambique before and after Independence,” in Abel, R. (ed.), The Politics of Informal Justice, Vol. 2. New York: Academic Press.Google Scholar
JAMBREK, Peter (1983) “Compatability between Self-Government and Courts: The Case of Judicial Reforms in Yugoslavia,” in Cain, M. and Kulcsar, K. (eds.), Disputes and the Law. Budapest: Akademiai Kiado.Google Scholar
JOURNAL OF LEGAL EDUCATION (1984) “Special Issue on Alternative Dispute Resolution in the Law Curriculum,” Journal of Legal Education.Google Scholar
JOVANOVIĆ, Vladimir (1981) “The Sources of Self-Management Law,” 1 Yugoslav Law 15.Google Scholar
KORAĆ, Ljubiša (1981) “Sudovi Udruženog Rada Danas i Sutra: Prilog Raspravi o Mogućim Izmjenama i Dopunama Saveznog Zakona o Sudovima Udruženog Rada,” 1 Sudska Praksa 7.Google Scholar
KULCSAR, Kalman (1982) People's Assessors in the Courts. Budapest: Akademiai Kiado.Google Scholar
KURCZEWSKI, Jacek, and Kazimierz, FRIESKE (1978) “The Social Conciliatory Commissions in Poland: A Case Study of Nonauthoritative and Conciliatory Dispute Resolution as an Approach to Access to Justice,” in Cappelletti, M., and Weisner, J. (eds.), Access to Justice, Vol. II, 2. Milan: Giuffre.Google Scholar
LAPENNA, Ivo (1964) State and Law: Soviet and Yugoslav Theory. New Haven: Yale University Press.Google Scholar
LOS, Maria (1978) “Access to the Civil Justice System in Poland,” In M. Cappelletti and B. Garth, (eds.), Access to Justice, Vol. 1. Milan: Giuffre.Google Scholar
MARKOVITS, Inga (1982) “Law or Order—Constitutionalism and Legality in Eastern Europe,” 34 Stanford Law Review 513.Google Scholar
MARKOVITS, Inga (1984) “Social Courts in East Germany.” Presented at the Annual Meeting of the Law and Society Association, Boston (June 7–10).Google Scholar
MATOVIĆ, Ivan (1974) “Sudovi Udruženog Rada kao Instrument Samoupravnog Rješavanja Sporova iz Društveno-ekonomskih i Drugih Samoupravnih Odnosa u Udruženom Radu,” 28 Naša Zakonitost 949.Google Scholar
MCGILLIS, Daniel, and Joan, MULLEN (1977) Neighborhood Justice Centers: An Analysis of Potential Models. Washington, D.C.: United States Department of Justice.Google Scholar
MERRY, Sally (1982) “The Social Organization of Mediation in Nonindustrial Societies: Implications for Informal Community Justice in America,” in Abel, R. (ed.), The Politics of Informal Justice, Vol. 2. New York: Academic Press.Google Scholar
MERRY, Sally, and Susan, SILBEY (1984) “What Do Plaintiffs Want? Reexamining the Concept of Dispute,” 9 Justice System Journal 151.Google Scholar
MESCHIEVITZ, Catherine, and Marc, GALANTER (1982) “In Search of Nyaya Panchayats: The Politics of a Moribund Institution,” in Abel, R. (ed.), The Politics of Informal Justice, Vol. 2. New York: Academic Press.Google Scholar
MILANOVIĆ, Vladimir (1979) “Protivrecnosti i Sukobi u Udruzenom Radu,” 21 Sociologija 481.Google Scholar
MOORE, Sally (1973) “Law and Social Change: The Semi-Autonomous Social Field as an Appropriate Subject of Study,” 7 Law & Society Review 719.Google Scholar
MOŽINA, Stane (1971) “Iávori Konflikata u Radnim Organizacijama,” 13 Sociologija 449.Google Scholar
NIKOLIĆ, Aleksandar, and PETROVIĆ, Milan (1980) Samoupravno Pravo. Belgrade: Novinskó-izdavačka ustanova, Službeni List SFRJ.Google Scholar
OBRADOVIĆ, Josip, and William N., DUNN (1978) Workers' Self-Management and Organizational Power in Yugoslavia. Pittsburgh: University Center for International Studies.Google Scholar
OSURBI: Osnovni Sud udruženog rada u Beogradu [Basic Court of Associated Labor in Belgrade] (1981) Izveštaj [Annual Report].Google Scholar
PEARSON, Jessica (1982) “An Evaluation of Alternatives to Court Adjudication,” 7 Justice System Journal 420.Google Scholar
PEROVIĆ, Mirko (1980) Pravosudni Sistem Jugoslavije. Belgrade: Partizanska knjiga.Google Scholar
PEŠIĆ-POPOVIĆ, Vesna (1971) “Drustveni Poredak kao Osnova Vrednost u Socialističkim Zemljama,” 5 Sociološki Pregled 167.Google Scholar
POLAN, Anthony (1984) Lenin and the End of Politics. Berkeley: University of California Press.Google Scholar
POZNIĆ, B. (1974) “Povodom Zakona o Sudovima Udruženog Rada,” 22 Anali Pravnog Fakulteta u Beogradu 441.Google Scholar
RAMUNDO, Bernard (1965) “The Comrades' Court: Molder and Keeper of Socialist Morality,” 33 George Washington Law Review 692.Google Scholar
RUSINOW, Dennison (1977) The Yugoslav Experiment: 1948–1974. Berkeley: University of California Press.Google Scholar
SALAS, Luis (1983) “The Emergence and Decline of the Cuban Popular Tribunals,” 17 Law & Society Review 587.Google Scholar
SALTMAN, Michael (1979) “Indigenous Law among the Kipsigis of Southwestern Kenya,” in Cappelletti, M. (ed.), Access to Justice, Vol. 3. Milan: Giuffre.Google Scholar
SANDER, Frank (1976) “Varieties of Dispute Processing,” 70 Federal Rules Decisions 79.Google Scholar
SAVENZNI SEKRETARIJAT ZA PRAVOSUDJE I ORGANIZACIJU SAVEZNE UPRAVE (1980) Analiza o Stanju i Aktuelnim Problemima Samoupravnog Sudstva. (Unpublished paper of the [Yugoslav] Federal Secretariat for the Judiciary and the Organization of the Federal Administration). Beograd, April 30, 1980.Google Scholar
SEROKA, Jim (1984) “The Policy-Making Roles of the Yugoslav Federal Assembly: Changes, Trends and Implications,” 37 Western Political Quarterly 363.Google Scholar
SNYDER, Frederick (1980) “Soviet Union Visit Yields Dispute Settlement Insights,” 5 Dispute Resolution 11.Google Scholar
SPENCE, Jack (1982) “Institutionalizing Neighborhood Courts: Two Chilean Experiences,” in Abel, R. (ed.), The Politics of Informal Justice, Vol. 2. New York: Academic Press.Google Scholar
SRINIVAS, M.N. 1953–54. “A Caste Dispute among Washermen of Mysore,” 7 The Eastern Anthropologist 148.Google Scholar
STEPHAN, Paul (1984) “Comrades' Courts and Labor Discipline since Brezhnev.” Presented at the Annual Meeting of the Law and Society Association, Boston (June 7–10).Google Scholar
STREMPEL, Dieter (1983) “Alternatives within the Civil Justice System: Report on Stock-Taking and Research Projects of the Federal Republic of Germany, Ministry of Justice.” Disputes Processing Research Program, Working Paper 1983-4, University of Wisconsin.Google Scholar
TOMASIC, Roman, and Malcom, FEELEY, eds. (1982) Neighborhood Justice: Assessment of an Emerging Idea. New York: Longman.Google Scholar
TRIFUNOVIĆ, Miodrag (1975) “Sudovi udruženog rada,” 1975(1) Arhiv za pravne i društvene nauke 17.Google Scholar
TRUBEK, David, Joel GROSSMAN, William FELSTINER, Herbert KRITZER and Austin SARAT (1983) Civil Litigation Research Project Final Report. Madison, WI: University of Wisconsin Law School.Google Scholar
YNGVESSON, Barbara (1984) “What is a Dispute about? The Political Interpretation of Social Control,” in Black, D. (ed.), Toward a General Theory of Social Control, Vol. 2. New York: Academic Press.Google Scholar