Pašukanis e la critica marxista del diritto borghese

Firenze, Italy: Phasar Edizioni (2013)
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Abstract
Why, at a certain point in history, does the regulation of human relations acquire jurisdictional status? Why does class rule take the form of an official state power? What, in the complexity of social relationships, corresponds to the formal application of norms? But above all, why is law, as a system of legal norms, particularly suited to social and economic capitalist developments? From an explicitly Marxist point of view, the author investigates Evgenij Bronislavovic Pašukanis's "Theory of Law and Marxism" (1924), which is the first theoretical organic attempt to define the structural goal of the law, not in pure terms but in those of a system of systematic organization of production, thus revealing that the construction of bourgeois law was not at all accidental but indeed essential to the functioning and existence of the capitalist production relationships. In this precise direction, “law, as a constituent element of production relations, is no longer deferred to the traditional scheme of a mere ideological superstructure, but it is the very structure, already inherent in capitalist socialization, which is entirely immanent to society”. This involves the innovative specificity of Pašukanis's heterodoxy, certainly the greatest Marxist jurist of all time.
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