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Switch to: References
Citations of:
Law and Marxism: a general theory
London: Ink Links. Edited by C. J. Arthur (1978)
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This paper proposes a way to undercut anarchist objections to taxation without endorsing an authoritarian justification of government coercion. The argument involves public goods, as understood by economists and others. But I do not analyse options of autonomous prisoners and the like; for, however useful otherwise, these abstractions underestimate the real-world task of sorting out the prerogatives of and limits on ownership. Proceeding more contextually, I come to recommend a shareholder addendum to the doctrine of public goods. This recommendation involves (...) |
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Making a connection between ‘post-modernism’ and post-truth has by now become a standard trope, both within academia and popular discourse, despite post-truth’s only recent emergence as a concept. Such claims are often rather vague and fanciful and lack an altogether credible account of either phenomenon in many cases. This Chapter argues however that within a legal context, there is the emergence of a legal post-truth which is the direct consequence of a concrete form of post-modernity within legal practice and thought. (...) |
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This article develops a line of theorising the relationship between peace, war and commerce and does so via conceptualising global juridical relations as a site of contestation over questions of economic and social justice. By sketching aspects of a historical interaction between capitalist accumulation, natural rights and state hegemony, the article offers a critical account of the limits of liberal international law, and attempts to recover some ground for thinking about the emancipatory potential of international law more generally. |
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This thesis constructs a model of the material causes of the capacity of individuals to act at work, by using the ontology of scientific realism to facilitate a synthesis between Marx and Foucault. This synthetic model is submitted as a solution to the long-standing problem of Industrial Relations theory, now manifest in the deconstruction of the organon of 'control'. The problems of 'control' are rooted in the radical concept of power and traditional, base/superstructure, interpretations of Marx. Developing an alternative to (...) |
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The controversy over law and morality between positivists and normativists is largely a result of failure on both sides to understand the idea of authority. The author argues that Plato, Aristotle, Aquinas and Hobbes held a common notion of legal authority that was distinctively moral. They all saw the virtue of law (and the source of legal obligation) in the equal protection it provides for all against the disorder to which passion makes men vulnerable, and not in the justice of (...) |
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This paper is the first part of an enquiry taking an initial, provisional step toward the construction of a theoretical matrix called speculative jurisprudence. Toward that end, it recruits the thought of Louis Althusser, whose work has taken on new significance thanks in part to the availability of many formerly unpublished texts, the contemporary critical scrutiny of numerous commentators, and the independent emergence of several philosophical currents sharing some of his work’s key concerns. The paper offers a unique characterization of (...) |
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This article offers three reflections on the nature of the metaphysical ‘wall’ erected between the ‘Included’ and the ‘Excluded/Other’ by the concept of private property and its implementation in a state’s legal apparatus. The first reflection explores the reality of the concept of private property, using Louis Althusser’s conception of ideology, in order to demonstrate that the liberal conception of private property masks power operating on two levels: the formal, repressive state apparatus, and the deeper, the personal, the real, the (...) |
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The Communist Manifesto’s salient point was set out in Critics of the Gotha Program as “From Each According to Their Abilities, to Each According to Their Needs”. The demise of communism in the former Soviet Union has caused its critics to claim that ‘revolutionary’ political theory has no basis for legal or philosophical development. The contention of those who oppose radical socialism achieved by the levelling of the classes proclaim that this is an unattainable goal. They argue that a ‘withering (...) |
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Many different kinds of professionals work with law, but often they seek to use law for particular governmental or private purposes, they focus on some specific areas or aspects of its creation, interpretation or application, or they study it for its interest judged by criteria that are given by fields of scholarly practice outside it. Is there a special significance for a role exclusively concerned with analysing, protecting and enhancing the general well-being or worth of law as a practical idea? (...) |
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