ReindeerThistle
Zimmerwald Left
Where do you think a communist theory of justice differs from a liberal egalitarian theory of justice? Concurrently, and this is a very closely related question, why do you think the communist theory is right?
It depends on what you mean by a "liberal egalitarian theory of justice." In the United States of America, it is a commonly held belief that the law applies to all people, citizens or not, and that all are equal under the law -- however in practice that differs greatly, because while it is just as illegal for Bill Gates to sleep under a bridge as it is homeless worker, Bill Gates is less likely to be found sleeping under a bridge. At the same time, the notion that the only difference between guilt or innocence for a defendant is how much they can pay for representation gets a lot of play, too, and if we only had more lawyers working for the poor, there would be less poor criminals. These are wrong, unfortunately.
I am not a lawyer, but I have met with many of them and I have worked with communist lawyers, and I have concluded that systemically, the system of law we have in the United States is NOT a justice system at all. If you are poor, you are bound to get in trouble with the law, if not for outright stealing to feed your family, then for "child endangerment" when you cannot pay your rising heat bill and your children get sick and the school nurse reports you to the government.
Likewise, there are no millionaires on death row int he US and there are no poor US Senators.
The problem is manifold, but it stems from the class-based system of justice -- and in part the use of mandatory minimum sentences to feed a growing prison work force. Where in the US, the CEO of Union Carbide faced no criminal charges for his company's actions that killed thousands of Indians in Bhopal in the 1980s, but in China, the head of a company who knowingly tainted milk with melamine got the death sentence for killing a handful with the tainted product.
Some crimes are universal and should be punished: murder, rape, assault and battery.
In a "communist" system of justice, the goal would be to reduce the incentive for crime by lifting people out of poverty, and by not encouraging corporate graft and theft via a government that favors the working class over the "owning class," If people still commit crimes, the goal then is to reduce the repetition of the criminal offender -- and that takes a community approach and an emphasis on education versus punishment.
See this article on how the Cuban criminal justice system works -- and note that women are treated differently as they are exempted from the death penalty.
This is why I think the communist approach to justice is right.
Thanks for the query.
EDIT: I hadn't read Traitorfish's post before writing this, I hope I am not redundant.
Which brings us to a related question, which I wanted to ask Cheezy in the other thread when he implied the purges were needed:
Lets say, for the sake of the argument, that the purges were in fact necessary (I don't believe that for a second and don't see how anyone can believe in such utter nonsense in good faith, but lets leave that aside for a moment). Why kill the purged ones? If they were not really committed communists, if they had some "dangerous counter-revolutionary" ideas, why not simply expel them from the party, the army or whatever, and let them carry on with their lives? What can possibly justify executing hundreds of thousands, if not millions of people to supposedly "save" the nation? Why make up bogus charges of spying, of Trostkyist-fascist links, and things like that which continue to taint the image of communists so many decades afterwards, and rightly ruined the reputation of Western Stalin admirers?
If I may offer critical comment, this sort of attitude ("the purges were necessary") is exactly what makes communists so abhorrent at the eyes of the vast majority of people. You folks come out as sinister and fanatic, and most people don't like that at all. Live and let live.
FYI: I am ignoring the criticial comment, because communists are not "abhorrent in the eyes of the vast majority of people" as you say. But I will answer the queries, since I am the one most vehemently defending Stalin, and I opened up a can of worms by explaining an interior party concern of a party that is not under my jursidiction.
If they were not really committed communists, if they had some "dangerous counter-revolutionary" ideas, why not simply expel them from the party, the army or whatever, and let them carry on with their lives? What can possibly justify executing hundreds of thousands, if not millions of people to supposedly "save" the nation?
It was not a question of their commitment. They were, in fact, committed communists. They were in some cases people who were on the front lines of the October Revolution. If you look at my earlier posts (some on the "Ask a Red III" thread) I explained that these were people who were actively organizing against the Party from within the Party and were in violation of the discipline and practices they swore to uphold. The CPSU was a closed, narrow and secret party and this type of party lends itself to sterner membership requirements. What these defendants did was treason, and it was punishable by death -- that was the law. Unfair as it may seem to a non-Communist, to those committed communist in the party, their conviction meant the end of their political life, anyway and for a politician, a professional revolutionary politician, the end of your political life means the end of your life, period. That is why many accepted their sentences.
Expulsion from a closed, narrow and secret party is the harshest sentence that I believe in for a Party member. It is reserved for those who reject the membership requirements -- not for criminals. But I am not a member of a party in power, and any capital jsutice would be vigilante-ism and that is illegal.
Why make up bogus charges of spying, of Trostkyist-fascist links, and things like that which continue to taint the image of communists so many decades afterwards, and rightly ruined the reputation of Western Stalin admirers?
They were not bogus charges, and the link between Trotsky and the fascists is likely true (though tactical on Trotsky's part he meant well), but unfortunately motive was not the basis for a conviction -- evidence was.
I also don't think what Stalin did "tainted" the image of communists so many decades afterwards -- since China remains a socialist nation run by a communist party, as is Viet Nam, DPRK, Cuba, Belarus -- about 1/4 of the world's population and the Vietnamese and Cuban revolutions happened after Kruschev blew the whistle. I have in my library several works of Stalin published in 1973 by the Foreign Languages Press, Beijing. So, maybe the bourgeoisie are shakin' in their boots, but Stalin remains a hero to many.