A Critical Analysis of the Soviet Legal System: The Relation Between Societal Values, Social Development and Legal Evolution

Abstract

While any definition of law is extremely difficult, it is probably prudent to first determine what law does. It acts as a regulator of social action by prescribing what behavior will best serve the interests of the individual while providing for the greater social good It functions as a tool for the maintenance of social order by determining how political power is allocated and exercised throughout society. On a more abstract level, law is also an important indicator of societal development, for its evolution parallels a civilization’s growth. Daniel Kaiser, a noted American scholar of comparative legal history, believes that social evolution and the development of a legal system are interrelated. He adheres to an anthropological model of legal development that classifies legal systems as either “vertical” or “horizontal.” Horizontal systems prevail in societies which are usually homogenous, small and bound by kinship relations. In such cultures, dispute resolution is achieved through “invisible mediators,” such as ethics, morals, kinship, or religion. As the society develops, this system may become more differentiated, with the duty of solving disputes falling upon a particular person or group in the society. Whatever the case, horizontal systems are characterized by the achievement of dispute resolution through informal methods.