Abstract

Even the thinking of professional revolutionaries progresses, as evidenced today in legal revolution. According to the German constitutional jurist, Rudolf Smend, who died in 1975, the German people suffer from a “touching need for legality.” Smend came to this conclusion not only as historian of the Supreme Court of the German Reich, but also as observer of the positivistic normativism of his own time. Recently an old and experienced Spanish revolutionary, Santiago Carrillo, put forward the same notion in a book about Eurocommunism and the State. Akhough his “touching need for legality” is politically of a different nature, Carrillo is expressly convinced that die more violent mediods of Lenin's and Trotsky's illegal revolution of October 1917 are now antiquated, mat they were only justifiable in the instance of an agrarian (peasant) society breaking dirough to a modern (industrial) society.