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2 results

  • 12 - The Cold War and Its Impact on Soviet Legal Doctrine

  • from Part II - The Generative/Productive Cold War
  • Edited by Matthew Craven, School of Oriental and African Studies, University of London, Sundhya Pahuja, University of Melbourne, Gerry Simpson, London School of Economics and Political Science
  • Book:
    International Law and the Cold War
    Published online:
    05 December 2019
    Print publication:
    19 December 2019, pp 256-270

  • Summary

    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.