70. The Administration of Justice in bourgeois Society.
Among the various institutions of bourgeois society which serve to oppress and deceive the working masses, must be mentioned bourgeois justice. This estimable institution is carried on under the guidance of laws passed in the interests of the exploiting class. Whatever the composition of the court, its decisions are restricted in accordance with the volumes of statutes in which are incorporated all the privileges of capital and all the lack of privileges of the toiling masses.
As far as the organisation of bourgeois justice is concerned, this is in perfect harmony with the characteristics of the bourgeois State. Where the bourgeois State is comparatively frank in its methods, where it is free from hypocrisy in its determination that the decisions of the courts shall be favourable to the ruling class, there the judges are appointed from above; but even when they are elected, only the members of the privileged stratum are entitled to vote. When the masses have been sufficiently brought to heel by capital, so that they are duly submissive and regard the laws of the bourgeois State as their own laws, the workers are permitted to a certain extent to be their own judges, just as they are allowed to vote exploiters and their henchmen into parliament. Thus originated trial by jury, thanks to which legal decisions made in the interests of capital can masquerade as decisions made by the “whole people.”
71. The Election of the Judiciary by the Workers.
The program of the socialists adhering to the Second International contained a demand for the popular election of the judiciary. In the