Marksistskaia teoriia prava i stroitel抯tvo sotsializma, Revoliutsiia prava (), no.3, pp From Evgeny Pashukanis, Selected Writings on Marxism and Law . From Evgeny Pashukanis, Selected Writings on Marxism and Law (eds. P. Beirne & R. Sharlet), London & New York , pp Evgeny Pashukanis was born in of a Lithuanian family. He became a Bolshevik in and later was a Vice-Commissar of Justice and the editor of.

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By Pashukanis was rapidly moving into the dominant position within Marxist legal philosophy and the Soviet legal profession. The problem posed by Stuchka is much broader and we are not in disagreement with it. Discover Prime Book Box for Kids.

The inequity of free-trade law becomes apparent when one considers the reality that young markets lack the capital to fend off large influxes of capital competition into their markets. Commodity-Form Theory deserves wider scrutiny in order to harness its full potential as an explainer of social interaction and humans relations to the products of their own ideas.

Conclusion Commodity-Form Theory allows us to more materially evgfny the underlying politico-economic forces underpinning law. Fetishism It is easy to find appeal in the idea that we are all equal under the law.

This theory was built on two pillars of Marxist thought: However, these facts contain pashkanis basic and principal prerequisite for a legal relationship. Can the development of the forces of production serve as the criterion for the determination of pashukabis or not this right is subject to legal protection?

The idea lying at the basis of both formulations is clear and simple. Much is hidden behind the will of the commodity owner: Page 1 of 1 Start evegny Page 1 of 1. But our October Revolution eliminated this exploitation nationalization of land, banks, heavy industry, transportation, foreign trade etc. Accordingly, the task consists in connecting the study of legal form and its practical application pasukanis the economic and social-class factors which are the bases of pashukaniw form itself, of its individual aspects and, finally, of individual legal institutions.

CLS thinks that law is autonomous and has a mind of its own???? Is declaring this the equivalent of asserting that the proletarian state has created small peasant farms with their atomization and their inability to relate to the external world other than through the market and market exchange?


In ancient Teutonic and Old English law wergeld was the monetary equivalent calculated to release an offender from further liability for homicide and certain other crimes [eds.

Evgeny Pashukanis: Commodity-Form Theory of Law

Law, therefore, is equally inequitable by its very nature. For those who are interested in the social ramifications of legislation and legal interpretation this theory is a vital component of a the mental toolkit.

Under the conventional perspectives of Law, law is a grand judge sitting on a cloud deciding our fates. We will deal only with these two points. The process of compiling the Civil Code of the RSFSR was another decisive turning point at which some type of general conception of law became urgently necessary.

The formal character of the legal transaction says nothing of its economic and social class content. Amazon Second Chance Pass it on, trade it in, give it a second life. I was making two points.

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Leave a Reply Cancel reply Your email address will not be published. InEggeny was “rehabilitated” by the Soviets and restored to an acceptable position in the historical development of marxist law. That is to say that the law is a mirror image of capitalist rules. But we conclude from this, that in granting and protecting civil-law rights, the proletarian state by no means intended to develop the forces of production in all instances.

Notify me of follow-up comments by email. But this same period, which contained both the approaching end of the New Economic Policy and the apex of the intra-Party debates on collectivization and industrialization, also witnessed the first serious criticism of his commodity exchange theory of law.

For this we need neither deny the existence of feudal law nor convert paxhukanis into bourgeois law. Evgeny Pashukanis and Stalinism”. By having a capitalist logic, law inherently mediates along capitalist lines. Law and Society Series Paperback: Analytical jurisprudence Deontological ethics Interpretivism Legalism Legal moralism Legal positivism Legal realism Libertarian theories of law Natural law Paternalism Utilitarianism Virtue jurisprudence.

The General Theory of Law and Marxism

Sometimes law is a man who only thinks like a man and is missing the intelligence of a woman. In the first place, I warned against confusing the real possibilities of state power and the results actually achieved by it, with what is contained in the laws issued by the state.


Inevitably, Pashukanis was branded an enemy of the revolution in January However, if law is indeed a by-product of capitalism it cannot be said to have an actual legal-form. It follows from this, incidently, that private property, which is based on the fact of the social division of labour and upon exchange, not only succeeded the feudal law of things as the sole and universal form of property, but co-existed with and even preceded it.

From toPyotr Stuchkaanother Soviet legal scholar, and Pashukanis compiled an Encyclopedia of State and Law and started a journal named Revolution of Law. Top of the page. Pashukanis, after publishing many self-criticismswas eventually denounced as a “trotskyite saboteur” in and executed in September A revolutionary epoch is differentiated from periods of peaceful, evolutionary development by the fact that it becomes necessary to formulate all problems in the broadest possible form. Don’t have a Kindle?

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Evgeny Pashukanis – Wikipedia

Under Capitalism, law is equally applied to social relations but its impact is unequal due ebgeny the economic advantages each person, household and entity holds. They are but material spawns of mental copulations. Commodity-Form Theory argues this thing called law has no legal form. Marx notes that out of all of the commodities, over time, arises one commodity which can be used in exchange for all other commodities. Commodity-Form Eevgeny allows us to more materially understand the underlying politico-economic forces underpinning law.

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For it was obvious that the revolution could neither leave the mass of old tsarist laws and the laws of the Provisional Government intact, nor immediately replace all the rules superseded and destroyed by the revolution with new rules.