Chapter 1: Communism and Law
1.3. Utilization of law -part 1-
Communist law, which is produced by the commons through Commons' Convention, brings with it principles different from those of bourgeois law in terms of the application of the law. In other words, communist law is not something that is invoked from above by the executive branch, which is separate from the legislative branch, but is something that is utilized from below by the Commons' Convention itself.
In other words, the application of communist law means that the laws produced by the commons together are utilized within society. This is not just rhetoric; it is a principle with practical implications.
In other words, in the Commons' Convention system, all organs that apply the law are placed under the supervision of the Commons' Convention as its subordinate organs. In other words, the enactment and application of laws occur in a series of processes that take place at Commons' Convention.
As a result, in the process of applying the law, there will be no situation where the contents of the law are conveniently interpreted and distorted by various organs belonging to the executive branch (or the judicial branch). Furthermore, when the law is applied, citizens cannot assume a passive position where they must accept the law unilaterally.
Even if law enforcement involves coercive force such as detaining a person, citizens are in an active position because it is not an authoritative invocation of the law but a democratic use of the law. In other words, citizens will broadly retain the right to object and appeal against law enforcement. Although individual citizens are not given the right to personal interpretation of the law, citizens are not helpless in the face of the the "law is law" tautology, but rather, as active subjects who use the law, they have more room to participate in the proper use of the law through objections and complaints.
It goes without saying, however, that communist law does not have any inequality in its application based on the objections or dissatisfaction of a particular class or group, and if any such inequality is found, it is not true communist law. Equality before the law is absolute.
In this way, communist law that is produced and utilized by the commons is not a dead law that has solidified and hardened, leaving only formal coercive force, but rather a living law that is used for the orderly management of society, with its validity being checked daily through objections and complaints to its application.
👉The papers published on this blog are meant to expand upon my On Communism.
