Evgeny Pashukanis
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Author | : Michael Head |
Publisher | : Routledge |
Total Pages | : 282 |
Release | : 2007-09-12 |
Genre | : Law |
ISBN | : 1135307881 |
A thorough examination of Pashukanis’ writings, this book is a significant contribution to a proper assessment of Pashukanis’ work, the value of his theoretical legacy and the contemporary relevance of Marxist legal theory. Interest in the best-known Soviet legal scholar, Evgeny Pashukanis, remains widespread and his work retains considerable relevance. His writings provide a rich source of material on the Marxist theory of law and the state, as well as the attempts to apply that doctrine in Soviet Russia. In this book, Michael Head considers Pashukanis’ work both within its historical context and in relation to contemporary legal theory, answering a range of questions including: How and why did Pashukanis emerge as the pre-eminent Soviet jurist from 1924 to 1930? Why did he come under only minor criticism from 1930 to 1936 and then be denounced and executed in 1937 as a 'Trotskyite saboteur'? Why have many Western scholars generally praised the quality and originality of Pashukanis’ work, yet also drawn the conclusion that his fate illustrates the intrinsic impossibility of the entire communist project? Serving as an introduction to Pashukanis and Marxist legal theory and a timely contribution in light of the universal assault on civil liberties in the indefinite 'War on Terror' and the constant escalation of 'law and order' measures in Western societies, this volume is an invaluable resource for those interested in jurisprudence and critical thought.
Author | : Evgeny Pashukanis |
Publisher | : Routledge |
Total Pages | : 272 |
Release | : 2017-09-04 |
Genre | : Political Science |
ISBN | : 1351482343 |
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 bo
Author | : China Miéville |
Publisher | : Haymarket Books |
Total Pages | : 392 |
Release | : 2006 |
Genre | : Law |
ISBN | : 1931859337 |
"China Mieville's brilliantly original book is an indispensable guide for anyone concerned with international law. It is the most comprehensive scholarly account available of the central theoretical debates about the foundations of international law. It offers a guide for the lay reader into the central texts in the field."--Peter Gowan, Professor, International Relations, London Metropolitan University. Mieville critically examines existing theories of international law and offers a compelling alternative Marxist view. China Mieville, PhD, International Relations, London School of Economics, is an independent researcher and an award-winning novelist. His novel Perdido Street Station won the Arthur C. Clarke Award.
Author | : O’Connell, Paul |
Publisher | : Edward Elgar Publishing |
Total Pages | : 608 |
Release | : 2021-12-14 |
Genre | : Law |
ISBN | : 178811986X |
This Research Handbook offers unparalleled insights into the large-scale resurgence of interest in Marx and Marxism in recent years, with contributions devoted specifically to Marxist critiques of law, rights, and the state.
Author | : Evgeniĭ Bronislavovich Pashukanis |
Publisher | : |
Total Pages | : 400 |
Release | : 1980 |
Genre | : Law |
ISBN | : |
Author | : Igor Shoikhedbrod |
Publisher | : Springer Nature |
Total Pages | : 248 |
Release | : 2019-12-26 |
Genre | : Philosophy |
ISBN | : 3030301958 |
Revisiting Marx’s Critique of Liberalism offers a theoretical reconstruction of Karl Marx’s new materialist understanding of justice, legality, and rights through the vantage point of his widely invoked but generally misunderstood critique of liberalism. The book begins by reconstructing Marx’s conception of justice and rights through close textual interpretation and extrapolation. The central thesis of the book is, firstly, that Marx regards justice as an essential feature of any society, including the emancipated society of the future; and secondly, that standards of justice and right undergo transformation throughout history. The book then tracks the enduring legacy of Marx’s critique of liberal justice by examining how leading contemporary political theorists such as John Rawls, Jürgen Habermas, Axel Honneth, and Nancy Fraser have responded to Marx’s critique of liberalism in the face of global financial capitalism and the hollowing out of democratically-enacted law. The Marx that emerges from this book is therefore a thoroughly modern thinker whose insights shed valuable light on some of the most pressing challenges confronting liberal democracies today.
Author | : Sonja Buckel |
Publisher | : BRILL |
Total Pages | : 320 |
Release | : 2020-10-12 |
Genre | : Political Science |
ISBN | : 9004432019 |
On the basis of a reconstruction of legal theory in the tradition of Marx, which has been more or less silenced since the end of the 1970s, Subjectivation and Cohesion develops a critical counter-pole to the dominant approaches to law in contemporary social theory.
Author | : Alain Supiot |
Publisher | : Verso Books |
Total Pages | : 372 |
Release | : 2017-04-25 |
Genre | : Social Science |
ISBN | : 1786630621 |
A provocative investigation of how law shapes everyday life In this groundbreaking work, French legal scholar Alain Supiot examines the relationship of society to legal discourse. He argues that the law is how justice is implmented in secular society, but it is not simply a technique to be manipulated at will: it is also an expression of the core beliefs of the West. We must recognize its universalizing, dogmatic nature and become receptive to other interpretations from non-Western cultures to help us avoid the clash of civilizations. In Homo Juridicus, Supiot deconstructs the illusion of a world that has become “flat” and undifferentiated, regulated only by supposed “laws” of science and the economy, and peopled by contract-makers driven only by the calculation of their individual interests. Such a liberal perspective is nothing but the flipside of the notion of the withering away of law and the state, promoted this time not under the banner of the struggle between classes, but rather in the name of the free competition between sovereign individuals. Supiot’s exploration of the development of the legal subject—the individual as formed through a dense web of contracts and laws—is set to become a classic work of social theory.
Author | : Mikhail Antonov |
Publisher | : BRILL |
Total Pages | : 210 |
Release | : 2020-11-09 |
Genre | : Law |
ISBN | : 9004442588 |
This volume examines the elements of formalism and decisionism in Russian legal thinking and, also, the impact of conservatism on the interplay of these elements. This combination leads to internal contradictions in theorizing about law and rights in Russian legal culture.
Author | : Maïa Pal |
Publisher | : Cambridge University Press |
Total Pages | : 365 |
Release | : 2020-10-22 |
Genre | : Law |
ISBN | : 1108497209 |
Introduction -- Early modern extraterritoriality -- Historical sociology, Marxism, and law -- Social property relations -- Ambassadors -- Consuls -- Colonial practices of jurisdictional accumulation -- Analytical crossroads : dominium, consuls, and extraterritoriality.