Book cover of The General Theory of Law and Marxism

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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…

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Considering the legal apparatus as part of the state, Pashukanis puts forward the “commodity-form” theory of law in order to conceptualize the apotheosis of law under and fundamental to capitalism. Following Lenin, and against the claims of many of his Soviet philosopher contemporaries, Pashukanis argues that the withering away of the state should also imply the withering away of law. In making this argument he also examines the construction of legal relations and the legal subject. Pashukanis’ analysis has been revisited and revived in critical legal studies giving rise to scholarly studies such as China Miéville’s Between Equal Rights—which…

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