Yevgeniy Pashukanis, His Law and Marxism: A General Theory, and the 1922 Treaty of Rapallo between Soviet Russia and Germany

in Journal of the History of International Law / Revue d'histoire du droit international
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The subject matter of this article is the moment at which Soviet Russia made its first and unexpected step into international legal relations. My focus is the role played, as a legal adviser, by Yevgeniy Pashukanis. I trace the tragic trajectory of Pashukanis up to his murder by Stalin’s regime, and conclude with an evaluation of the significance of the Treaty. It is my contention that the General Theory is not at all representative of Pashukanis’ work as whole. With the exception of this text, Pashukanis was an orthodox Soviet legal scholar, adapting successfully to changes in the prevailing theoretical and ideological direction of the ussr. The Treaty between two defeated and to different extents pariah powers was of immense significance, not only for the immediate survival of Soviet Russia, and its gradual integration into the international legal order, but also for the subsequent trajectories of both countries.

Yevgeniy Pashukanis, His Law and Marxism: A General Theory, and the 1922 Treaty of Rapallo between Soviet Russia and Germany

in Journal of the History of International Law / Revue d'histoire du droit international

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References

4

Charles Noble Gregory‘The First Assembly of the League of Nations’American Journal of International Law 15(2) (1921) 240–266 – he used the word ‘menace’ on pages 242 and 246.

7

Ernst Fraenkel‘German-Russian Relations since 1918: From Brest-Litovsk to Moscow’The Review of Politics 2(1) (1940) 34–62.

16

Ibid.163.

17

Ibid.164.

38

Ibid.38.

39

Eugene Korovin‘Soviet Treaties and International Law’American Journal of International Law 22(4) (1928) 753–763 original in Russian ‘Sovetskiye dogovory i mezhdunarodnoye pravo’ Sovetskoye Pravo [Soviet Law] 6 (1927) 763.

51

Ibid.68.

55

Gordon H. Mueller‘Rapallo Reexamined: A New Look at Germany’s Secret Military Collaboration with Russia in 1922’Military Affairs 40(3) (1976) 109–117 109.

58

Hans W. Gatzke‘Russo-German Military Collaboration During the Weimar Republic’The American Historical Review 63(3) (1958) 565–597.

60

Ibid.569.

61

Ibid.595.

62

1889 shot as a Trotskyist in 1938rehabilitated in 1956 and a postage stamp was issued with his image in 1989.

70

John Hazard‘Housecleaning in Soviet Law’American Quarterly on the Soviet Union 1 (1938) 5–16online at http://www.unz.org/Pub/AmQSovietUnion-1938apr-00005?View=PDF; John Hazard ‘Cleansing Soviet International Law of Anti-Marxist Theories’ American Journal of International Law 32(2) (1938) 244–252.

74

Cited (16) in John Hazard‘Pashukanis is No Traitor’American Journal of International Law 51(2) (1957) 385–388 387.

79

Ibid.168.

80

Ibid.181.

86

1883–1938 a Bolshevik from 1903supported Trotsky until 1928 and like Pashukanis a victim of Stalin’s purges.

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