Monday, December 30, 2024

Chapter 5.2.

👉The table of contents so far is here.

Chapter 5: The System of Civic Law


5.2. Citizenship Law -part 1- 

As mentioned above, the core of communist citizenship law is citizenship law, which consists of (1) residency right, (2) civil rights, and (3) kinship rights. Of these, the first two that we will discuss here are rights related to public status.

The first, residency right is the right to reside in each Zone and the local areas within it. In a communist society that has no concept of a nation state, the concept of "nationality" naturally does not exist, so residency right plays a role equivalent to nationality.

Global citizenship is a higher concept of residency right. This is the right of residents of a Zone that belongs to the World Commonwealth to reside anywhere within the World Commonwealth.

Therefore, the essence of this global citizenship is the freedom to emigrate. This right is stipulated in the World Commonwealth Charter. Global citizenship arises on the basis of residency right, so in order to exercise this global citizenship and emigrate to another Zone, one of the residency right is also required.

On the other hand, civil rights are granted to residents who reach a certain age, provided that they have residency rights. Communist civil rights are not the right to vote, but rather the right to be a delegate. In a communist society, the representative body is the Commons' Convention based on a lottery system.

Procedurally, such residency right is acquired by registering with the Commune where one currently resides. This registration also comprehensively acquires the right to reside (including the right to emigrate) in each Zone, as well as the Provincial Area or Qausi-Zone (Zonelet) within it, and the World Commonwealth.

Since residency right is thus a legal condition for civil rights, and even for global citizenship as a higher right, the state of not having residency right, which is equivalent to statelessness today, is not legally recognized, and all people must have a residency right somewhere in the World Commonwealth.

Residency right cannot be suspended under any circumstances, but civil rights can be suspended for a certain period of time if a serious offense is committed, and can be permanently revoked if a delegate commits misconduct in their duties. Apart from these exceptions, there are no restrictions on civil rights. 



👉The papers published on this blog are meant to expand upon my On Communism.

Monday, December 9, 2024

Chapter 5.1.

👉The table of contents so far is here.

Chapter 5: Civic Law System


5.1. Contents of Communist Civic Law

Civic law is a legal code that defines the rights and obligations of citizens, and is roughly equivalent to the "civil law" in the capitalist legal system, but the contents of communist civic law and capitalist civil law do not completely overlap.

Capitalism is based on the two major legal concepts of ownership and contract, so the civil code that contains these two legal provisions has the most important significance in the legal system. In contrast, in communism, although the concepts of ownership and contract are not denied, their weight is reduced, so the weight of civic law itself is subordinate to the environmental law and economic law that we have seen in the previous article.

Citizenship law is the core of communist civic law. Citizenship law contains content roughly equivalent to family law, which is a branch of civil law, but it also includes provisions regarding citizen status, that is, provisions regarding resident rights and civil rights, so it is not completely equal to family law.

In that sense, communist civic law is not purely private law, but also has the characteristics of public law. To begin with, the concept of the state does not exist in a communist society, and therefore the legal system does not assume a binary conceptual distinction between public law, which regulates the relationship between the state and its citizens, and private law, which regulates the rights and obligations between private individuals.

To be more specific, the structure of communist civic law consists of citizenship law, which covers residence right, civil rights, and kinship rights, and property rights law, which covers contract law, real rights law, and inheritance law.

Property rights law forms the core of capitalist civil code, containing the various provisions regarding personal property, which is natural since in capitalism it forms the largest legal basis for personal property, which is declared inviolable even under the constitution.

However, property rights law in communist civic law constitutes a secondary part, containing technical provisions concerning the content of personal property that is reserved and guaranteed under communist standards, as well as its transfer, lending, and succession, including inheritance.



👉The papers published on this blog are meant to expand upon my On Communism.