Download Capital & Class. - 1985. - Issue 25 issue 25 by Conference of Socialist Economists PDF

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The years ahead are likely to witness many struggles to resist the imposition of criminal labels on individual and collective acts which have a normative and explicitly political though seldom revolutionary dimension . Working covertly while drawing the dole, drinking on unlicensed premises or harassing blacks for sport are as much a feature of this category as stoning police and burning their cars . "' At times these norms may coincide with the priorities and sanctions of the police but recent history suggests that this is the exception rather than the rule .

205 . Cited in Ibid . 54 . 55 . 212 . 56 . 213 . NCCL, Minutes of Evidence Taken Before the Royal Commission 57 . 745 . 58 . Ibid. 59 . Ibid. 60. Ibid. 61 . 47 . Nancy E . Anderson and David Greenberg, `The Legal Theories of 62 . Pashukanis and Edelman', Social Text 7, 1983 . 64 . P . Thompson, Whigs and Hunters, Allen Lane, 1975 . Doreen McBarnett, Conviction-Law, The State and the Construction 63 . ofjustice, Macmillan, 1981 . Bob Fine, Democracy and the Rule ofLaw, Pluto Press, 1984 . 65 . 53 Capital & Class 54 66 .

This rhetoric is routinely undermined by the operation of the legal system . The point bears repetition because it indicates that socialists must move beyond the superficial view that bad or repressive laws are essentially different from laws of which they approve . " Doreen McBarnett has correctly castigated radicals for their reluctance to look at the legal process as an integrated system and the consequent inability to appreciate that the problems of capitalist legality consist of more than occasional deviations from an otherwise acceptable legal or constitutional standard .

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