Pašukanis e la critica marxista del diritto borghese

Firenze, Italy: Phasar Edizioni (2013)
Download Edit this record How to cite View on PhilPapers
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.
Categories
ISBN(s)
8863582270
PhilPapers/Archive ID
DIMPEL
Upload history
Archival date: 2019-03-12
View other versions
Added to PP index
2019-03-12

Total views
374 ( #14,475 of 57,023 )

Recent downloads (6 months)
76 ( #8,612 of 57,023 )

How can I increase my downloads?

Downloads since first upload
This graph includes both downloads from PhilArchive and clicks on external links on PhilPapers.