ABSTRACT
Are democracy and socialism compatible? Does democratic socialism work? And what is its relation to the law? This paper shows that democratic socialism is the dominant political model in wealthy democracies, overwhelmingly popular among voters, and the chief driver of human progress. It explains how democratic socialism was built through the understanding of capitalism’s failures, especially the shape-shifting legal forms of ‘private’ property in the means of production, ‘freedom’ of contract, and ‘competitive’ corporations. It identifies the three core features of 21st century democratic socialism: more public and common ownership, economic democracy on a floor of social rights, and fair taxes. These policies have been spreading, are the prevailing practice in most wealthy countries, and are overwhelmingly popular among voters. It is a myth that the shape-shifting rules of capitalism lead to more innovation, productivity, less waste, or are good for democracy. The evidence is clear that the reverse is true. Democratic socialism is humanity’s greatest hope.
McGaughey, Ewan, Democratic socialism and the law (May 5, 2026).
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