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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Under Mercantilism, trade barriers were law.

Evgeny Pashukanis: Commodity-Form Theory of Law

A revolutionary epoch is differentiated from periods pasuukanis peaceful, evolutionary development by the fact that it becomes necessary to formulate all problems in the broadest possible form.

The first consists of the fact that the reservation with respect to socio-economic purpose as a condition of the protection of civil-law rights, is clearly aimed at private ownership of the means of production this is the spirit of the conventional commentary on Art.

Share your thoughts with other customers. Thus, the transition from the feudal law of sovereignty over land and over people to the bourgeois law of private ownership of land from which political authority was distinguished as a special force [6] can be considered not only from the perspective of a revolution of pashukaniz functional-class character of law, but also pwshukanis the point of view of a reversal of its form.

Evgeny Pashukanis

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. That universal appeal is in relation to commodities. Commodities are believed to have a life of their own but in reality they do not.

First, I readily agree that [my] above-mentioned essay in many respects needs further development and perhaps reworking.


He who does not understand the class nature of the matter will either be helpless to give anything other than a miserable hackwork analysis of it from the pshukanis point of view, or will simply pervert its nature. A kind of fusion of our Soviet law with the tendencies of the verbal conventions of capitalism as reflected in foreign legislation followed.

However, the positive interpretation of subjective legal capacity which is given by the above-mentioned articles of the Civil Code, and in particular by various commentators on these articles, is much more doubtful.

In a constructive manner Stuchka expressed part of his criticism in the second issue of The Revolution of the Law, in an essay entitled State and Law in the Period of Socialist Construction.

Evgeny Pashukanis – Pluto Press

The answer to this question can be found in Art. Much is hidden behind the will of the commodity owner: As Comrade Stuchka reports, pasgukanis implementation of Decree No. The formal character of the legal transaction says nothing of its economic and social class content. One may argue that the question is silly but it is not.

Evgeny Pashukanis: Commodity-Form Theory of Law

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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. Amazon Renewed Refurbished products with a warranty. It may be a true reflection of all facts of state life, but gives only an ideological, i. Fetishism It is easy to find appeal in the idea that we are all equal under the law.

Transaction Publishers; 1 edition October 8, Language: Notify me of new posts by email. Discover Prime Book Box for Kids.

Your email address will not be published. Learn more about Amazon Prime. Would you like to tell us about a lower price? Alfred Krishianovich Stalgevich, a longtime critic of Pashukanis, took over his courses at the Moscow Juridical Institute. Commodity-Form Theory argues this thing called law has no legal form. Customers who viewed this item also viewed. Therefore, every juridic theory of the pwshukanis which wishes to embrace all the functions of the latter, necessarily appears inadequate.


Evgeny Bronislavovich Pashukanis is a critical figure in Russian thought who has stimulated much Marxist analysis of law. At the same time, a further evgejy verification of the proposed hypothesis is, of course, necessary.

From toPyotr Stuchkaanother Soviet legal scholar, and Pashukanis compiled an Encyclopedia of State and Law and started a journal named Revolution of Law. From this point-of-view, there is no material demarcation between the logic of capitalists and the logic of law.

The proletarian state allows private property and private exchange, but for the exclusive purpose of developing the forces of production.

It is wrong, however, to resort to a simplistic outcry against legal ideology in general. Commodity-Form Theory allows us to more materially understand the underlying politico-economic forces underpinning law. Customers who bought this item also bought. We call this commodity the money-commodity. That is to say that the law is a mirror image of capitalist rules.

By the mids 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. Evgeny Pashukanis and Stalinism”.

In conclusion, a few remarks are in order with regard to the relationship between state and law.