Polemika Władimira W. Łaptiewa i Olimpiada S. Joffego (1959) – zawiązanie sporu o prawo gospodarcze w powojennej nauce radzieckiej
The Polemic between Vladimir V. Laptev and Olimpiad S. Ioffe (1959) – The Origins of the Dispute over Economic Law in Post-War Soviet Legal Scholarship
Author(s): Witold MałeckiSubject(s): History of Law
Published by: Wydawnictwo Uniwersytetu Wrocławskiego
Keywords: economic law; Soviet law; post-war concept of economic law; V. V. Laptev; O. S. Ioffe
Summary/Abstract: In 1959, two works by Soviet scholars were published, presenting opposing views on the legitimacy of distinguishing economic law as an independent branch within the legal system. In the article On Soviet Economic Law, Vladimir V. Laptev asserted that economic law, which regulates relations arising within the state socialist economy, should be granted the status of a separate branch of law. Moreover, he emphasised the necessity of undertaking legislative efforts to enact an economic code. This position was challenged by Olympiad S. Joffe in his work Legal Regulation of Economic Activity in the USSR in which he argued that it was not possible to separate relations within the state socialist economy from those regulated by other branches of law. As a result, he concluded that there was no justification for distinguishing economic law as an independent branch, nor any reason to adopt an economic code. The 1959 debate set the directions and boundaries of the dispute over economic law in Soviet legal thought in the decades that followed. Based on V.V. Laptev’s views, the so-called postwar concept of economic law was formed, considered one of the three leading concepts of economic law developed by Soviet legal science. However, this postwar concept was strongly criticized by civil law scholars, who emphasized the necessity of subjecting relations within the state socialist economy to civil law regulations.
Journal: Studia nad Autorytaryzmem i Totalitaryzmem
- Issue Year: 47/2025
- Issue No: 4
- Page Range: 297-318
- Page Count: 22
- Language: Polish
