Abstract

Why, at a certain point in history, did the regulation of human relations acquire jurisdictional status? Why did class rule take the form of an official state power? What, in the complexity of social relationships, did the formal application of norms correspond to? But above all, why did the law, here meant as a system of legal norms, turn out particularly suited to social and economic capitalist developments? From an explicitly Marxist point of view, the author explores Evgenij Bronislavovic Pashukanis's "Theory of Law and Marxism" (1924), which is the first theoretical and organic attempt to define the structural goal of the law, not in terms of pure form, but in those of a system with systematic organization of production, thus revealing that the development of bourgeois law was not at all accidental but indeed essential to the functioning and existence of the capitalist production relationships. Towards this precise direction, “law, as a constituent element of production relations, is no longer defined by the traditional scheme of a mere ideological superstructure, but it is itself the very structure, already inherent in capitalist socialization, which is entirely immanent to society”. This captures the innovative specificity of Pashukanis's heterodoxy, certainly the greatest Marxist jurist of all time.