Lenin’s position before the right
The texts on the right written by Lenin are few, but they are mostly connected to their conception of the State and concept of proletarian revolution. In this way, the concept of proletarian revolution determines Lenin’s attitude towards law, his position can be defined by his phrase "the interest of the revolution, the interest of the working class is the supreme law", which ultimately tries tocreate a new order, new forms of social relations and new procedures in order to give participation to the worker.
Lenin was not a law theorist, many of his opinions are conceived from their notion of state, which takes Engels, which conceives in that: the State is a product that every society arrives in a phase of development and a clearmanifestation of the irreconcilable nature of classes contradiction. Thus, the right at this point in history will not be an instrument of justice, but a control tool that uses the exploiting class on the working class.
According to Lenin, the first phase of communism will not provide equality or justice, since the differences of wealth still subsist and therefore the power over justice, but this also mentions that at the time of socialism there will be no exploitation since there will be no spaceFor private property of the means of production. In the first phase of communism, law is not completely suppressed, but partially. Burgo law recognizes the private property of the means of production, while socialism recognizes them as common property, therefore strictly in this sense the bourgeois law disappears, however this right prevails in another aspect, regulating the distribution of the products of the products of thework among the members of society.
In the first phase there are still traces of capitalism, hence the survival of bourgeois law, bourgeois law regarding the distribution of consumer articles, presupposes a bourgeois state, because the law is nothing without a force capable of forceing to respect itsnorms, to the point that even Lenin points out that in this phase not only subsists bourgeois law, the state of bourgeoisie without bourgeoisie also subsists without bourgeoisie.
Lenin does not deny the right in this phase, he also recognizes his limitations despite this, in the October 1917 revolution, the need for laws and institutions was accepted, creating decrees where it is ordered to use laws of overthrown governments, alwaysAnd when they do not go against revolutionary consciousness. The Bolshevik and Lenin party continue to accuse the law and bourgeois judges, since it is these who have been writing laws that oppress the worker for years.
Under these approaches, there is the thesis of the extinction of the State and Law, because communism suppresses the need for State, because under communism there is no one over anyone, in the sense of classes, despite thisLenin admits that there will be those who want excesses, but to stop it, repression is not necessary, because it ensures that the same will be responsible for solving the problem.
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