Law, Socialism and Democracy

178 Pages·2009·2.981 MB·English

by  Paul Q Hirst

ROUTLEDGE LIBRARY EDITIONS
POLITICAL SCIENCE
LAW, SOCIALISM
AND DEMOCRACY
234 x 156 PB
This page intentionally left blank
LAW, SOCIALISM
AND DEMOCRACY
By
PAUL Q. HIRST
Volume 9
LONDON AND NEW YORK
First published 1986
This edition first published in 2010
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN
Simultaneously published in the USA and Canada
by Routledge
711 Third Avenue, New York, NY 10017
First issued in paperback 2012
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 1986 P. Q. Hirst
All rights reserved. No part of this book may be reprinted or
reproduced or utilised in any form or by any electronic, mechan­
ical, or other means, now known or hereafter invented, including
photocopying and recording, or in any information storage or
retrieval system, without permission in writing from the
publishers.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
ISBN 13: 978-0-415-49111-2 (Set)
Publisher’s Note
The publisher has gone to great lengths to ensure the quality of
this reprint but points out that some imperfections in the original
copies may be apparent.
Disclaimer
The publisher has made every effort to trace copyright holders and
would welcome correspondence from those they have been unable
to trace.
ISBN13: 978-0-415-64964-3 (PBK)
ISBN13: 978-0-415-55540-1 (HBK)
LAW
SOCIALISM
AND
DEMOCRACY
Paul Q. Hirst
Professor of Social Theory, Birkbeck College,
University of London
London
ALLEN & UNWIN
Boston Sydney
© P. Q. Hirst, 1986
This book is copyright under the Berne Convention.
No reproduction without permission. All rights reserved.
Allen & Unwin (Publishers) Ltd,
40 Museum Street, London WC1A1LU, UK
Allen & Unwin (Publishers) Ltd,
Park Lane, Hemel Hempstead, Herts HP2 4TE, UK
Allen & Unwin, Inc.,
8 Winchester Place, Winchester, Mass. 01890, USA
Allen & Unwin (Australia) Ltd,
8 Napier Street, North Sydney, NSW 2060, Australia
First published in 1986
British Library Cataloguing in Publication Data
Hirst, Paul Q.
Law, socialism and democracy.
1. Socialism 2. Democracy
I. Title
335.5 HX73
ISBN 0-04-301253-1
ISBN 0-04-301254-X Pbk
Library of Congress Cataloging-in-Publication Data
Hirst, Paul Q.
Law, socialism, and democracy.
Bibliography: p.
Includes index.
1. Democracy. 2. Constitutional law. 3. Socialism.
I. Title.
JC421.H57 1986 320'.01'1 86-1111
ISBN 0-04-301253-1 (ajk. paper)
ISBN 0-04-301254-X (pbk.: alk. paper)
Set in 10 on 12 point Bembo by Nene Phototypesetters, Northampton
and printed in Great Britain by Billing and Sons Ltd, London and Worcester
Contents
1 Introduction page 1
2 Law, Socialism and Rights 15
3 Socialist Legality 69
4 Socialism, Pluralism and Law 85
5 Extending Democracy 108
6 Does Industrial Democracy Have a Future? 124
7 The Concept of Punishment 142
Bibliography 160
Index 165
This page intentionally left blank
Acknowledgements
The following chapters were originally published as follows:
Chapter 2 in Radical Issues in Criminology, P. Carlen and M. Collison
(eds), Oxford: Martin Robertson, 1980;
Chapter 3 in Economy and Society, Vol. 14, No. 1, February 1985;
Chapter 4 in the International Journal of the Sociology of Law, No. 13,
1985;
Chapter 7 in Law in Context (Melbourne), No. 2, 1984.
The author wishes to thank the editors and publishers for their kind
permission to republish these articles here. Chapters 5 and 6 were
given as papers to the Socialist Philosophy Group, organized by the
Fabian Society. Chapter 5 was published as an Occasional Paper by
the Group.
I am grateful to Mark Cousins, Stephan Feuchtwang andjonathan
Zeitlin for their help and advice. Barry Hindess’ assistance and ideas
are an essential part of this book and it should be read in conjunction
with his Parliamentary Democracy and Socialist Politics.