law, too, will be transcended

Justin Schwartz jkschw at hotmail.com
Fri Apr 5 08:23:42 PST 2002



>Date: Fri, 5 Apr 2002 10:20:30 +0100
>
>The comments by 'dlaw' that 'One need hardly take the trouble to argue
>against the idea of a dispute-free world' (and I see that you didn't,
>dlaw), and Justin ('I do not imagined those ciecumstances will ever be
>realized') really amount to an inability to believe that private
>property in the means of production can ever be overcome.

Not at all. Maybe you would not regard as the abolition of private property what I have in mind, which does not go as far as the abolition of markets. But I'd take the productive assets away from the capitalist, vest title in the state, rent then to the workers to use and manage. You might call that capitalism, but the capitalists would not. I think, however, that the point is applicable even if markets are abolished. I have discussed this in a previosu exchange, look it up in the archives, I don't wantto get into that here.


>
>The argument as to whether communism can do away with law, is really
>about whether society can do away with capitalism. What is one to make
>of someone who can imagine communism - the socialisation of production -
>but cannot imagine doing away with lawyers? Only that they have failed
>to understand what is involved in communism.

Probably I don't. I'm not a communist, anyway, partly because I can't imagine a society without lawyers. No doubt a professional failing.


>
>
>But it is enough to say that dlaw and Justin's belief that the law
>stands eternal, outside of history is as absurd and as apologetic as
>Adam Smith's belief in man's natural propensity to truck and barter.
>'Right, pull the other one,' as 'dlaw' would say.

I don't say that at all. Lots of societies have done without lawyers. None of them have been complex, articulkated, modern societies, though. I also don't think Smith's view is absurd at all. It is a anatural propensity to truck and bartr. That doesn't mean itw ill be manifested in all circumstances, however,

jks, esq.


>

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