The General Theory of Law and Marxism 1st Edition by Evgeny Pashukanis ISBN 0765807440 9780765807441 by Evgeny Pashukanis 9780765807441, 0765807440 instant download after payment.
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ISBN 10: 0765807440
ISBN 13: 9780765807441
Author: Evgeny Pashukanis
E. B. Pashukanis was the most significant contemporary to develop a fresh, new Marxist perspective in post-revolutionary Russia. In 1924 he wrote what is probably his most influential work, The General Theory of Law and Marxism. In the second edition, 1926, he stated that this work was not to be seen as a final product but more for "self-clarification" in hopes of adding "stimulus and material for further discussion." A third edition was printed in 1927.Pashukanis's "commodity-exchange" theory of law spearheaded a perspective that traced the form of law, not to class interests, but to capital logic itself. Until his death, he continued to argue for the ideal of the withering away of the state, law, and the juridic subject. He eventually arrived at a position contrary to Stalin's who, at that time, was attempting to consolidate and strengthen the state apparatus under the name of the dictatorship of the proletariat. Inevitably, Pashukanis was branded an enemy of the revolution in January 1937. His works were subsequently removed from soviet libraries. In 1954, Pashukanis was "rehabilitated" by the Soviets and restored to an acceptable position in the historical development of marxist law.In Europe and North America, a number of legal theorists only rediscovered Pashukanis's work in the late 1970s. They subjected it to careful critical analysis, and realized that he offered an alternative to the traditional Marxist interpretations, which saw law simply and purely as tied to class interests of domination. By the mid-1980s the instrumental Marxist perspective in vogue in Marxist sociology, criminology, politics, and economics gave way, to a significant extent due to Pashukanis's insights, to a more structural Marxist accounting of the relationship of law to economics and other social spheres.In his new introduction, Dragan Milovanovic discusses the life of Pashukanis, Marx and the commodity-exchange theory of law, and the historical lessons of Pashukanis's work. This book will be of interest to sociologists, criminologists, and political scientists interested in issues of law and Marxism.
The General Theory of Law and Marxism 1st Table of contents:
Part I: Foundational Concepts in Marxist Legal Thought
- Chapter 1: Marx and Engels on Law and the State
- The Base-Superstructure Metaphor: Law as a Reflection of Economic Relations
- The State as an Instrument of Class Rule
- Law, Private Property, and the Genesis of Capitalism
- Critique of "Bourgeois Right" and Formal Equality
- Chapter 2: Law and Ideology
- Law as False Consciousness and Mystification
- The Role of Law in Legitimating Exploitation
- Ideological State Apparatuses (Althusser) and Legal Institutions
- Hegemony (Gramsci) and Consent to Legal Order
Part II: Early Marxist Legal Theorists and Their Contributions
- Chapter 3: Evgeny Pashukanis and the Commodity-Form Theory of Law
- Law as a Reflection of Commodity Exchange Relations
- The Juridic Subject and the Abstraction of Rights
- Critique of the State and the "Withering Away of Law"
- Historical Context and the Soviet Legal Debates of the 1920s
- Chapter 4: Beyond Pashukanis: Other Early Soviet Theorists
- Pëtr Stuchka and the Revolutionary Role of Law
- Nikolai Krylenko and Revolutionary Legality
- The Ascent of State Law and the Retreat from "Withering Away"
- Chapter 5: Karl Renner and the Social Function of Law
- The Changing Social Function of Property
- Distinguishing Juridic Form from Social Function
- Law as an Instrument of Social Transformation (or Stagnation)
- Chapter 6: Antonio Gramsci and Legal Hegemony
- Law as a Tool of Consent and Intellectual Leadership
- The Role of Intellectuals and Legal Professionals
- Law in the Struggle for Counter-Hegemony
Part III: Law in Socialist States and Beyond
- Chapter 7: Soviet Law in Practice: From Revolution to Stagnation
- The Early Revolutionary Legal System
- Stalinist Legalism and the Consolidation of State Power
- Post-Stalin Reforms and the "Socialist Rule of Law"
- The Role of Law in Planned Economies
- Chapter 8: Law in Other Socialist Contexts
- Chinese Legal Development: Maoist Era to Economic Reforms
- Law in Cuba, Vietnam, and Other Socialist Experiments
- Adaptations of Marxist Legal Theory in Non-Soviet Contexts
- Chapter 9: The Legacy of Marxist Legal Thought in the West
- Critical Legal Studies (CLS) and Its Marxist Roots
- Feminist Legal Theory and Marxism
- Critical Race Theory and Marxist Intersections
- The Revival of Materialist Legal Analysis
Part IV: Contemporary Reinterpretations and Critiques
- Chapter 10: Law and Global Capitalism
- Marxist Perspectives on International Law and Global Governance
- Law in the Era of Neoliberalism and Financialization
- The Legal Regulation of Transnational Corporations
- Chapter 11: Rights and Justice from a Marxist Perspective
- Re-evaluating Human Rights: Bourgeois Illusion or Tool for Struggle?
- The Concept of Social Justice and Distributive Justice
- Criminal Justice and the Reproduction of Class Relations
- Chapter 12: Critiques of Marxist Legal Theory
- Over-Determinism and Reductionism: Is Law "Merely" Superstructure?
- The Problem of Agency and Resistance within Legal Structures
- The Failure of Socialist Legal Systems: Historical Lessons
- Post-Structuralist and Postmodernist Challenges
- Chapter 13: What is Radical Law Today? The Enduring Relevance of Marxism
- Analyzing Contemporary Crises (e.g., Climate Change, Automation, Digital Surveillance)
- Law and Resistance Movements in the 21st Century
- Reimagining Law in a Post-Capitalist Future
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