Dunk
30th August 2012, 03:55
Has anyone read The General Theory of Marxism and the Law or A Critical Reappraisal?
http://www.wsws.org/articles/2008/nov2008/pash-n26.shtml
With such a non-juridical approach, attention would shift from proving individual guilt to a more all-encompassing focus on the social and psychological symptoms. Examination of the social, cultural and economic environment associated with anti-social forms of behavior would replace the isolated focus on "the facts" of a single incident as the decisive factor in the process.
The commodity exchange theory is firmly rooted in the proposition that the legal superstructure grows necessarily out of the individualization and opposition of interests inherent in the capitalist mode of production. In this socio-economic context, the law suit (or controversy) is the basic mode of resolution of legal matters, whereas a social unity of purpose is the premise for a purely technical regulation—for example, the administration of a system of mass transit or standardized medical procedures. In this manner, Pashukanis draws a fundamental distinction between bourgeois law and what would emerge as socialist regulation.
The theory holds that the legal form would wither away as commodity exchange and market relations gave way to social production and distribution. Pashukanis put it best, saying, "Only when the individualistic economic system has been superseded by planned social production and distribution will this unproductive expenditure of man's intellectual energies (the law and law suits) cease."
In other words, as private interests are replaced by collective interests, society's governance will no longer require the compulsion of formal legal instruments to manage myriad individual disputes, and social regulation will increasingly take the form of simple technical coordination and management.
Although Head notes that this conclusion has been routinely assailed by bourgeois academics as utopian, he points out that "if masses of people actually controlled their own lives as well as the economic, political, social and cultural direction of society" the "unity of purpose"—made possible by socialist revolution—could be a reality.
I'm going to pick this up soon. Anyone have anything else relevant to recommend to the topic?
Also - this thread can serve as a general for theorizing on the fate of the legal form during revolution and within the stateless and classless society, or critiques of bourgeois jurisprudence if you feel like it. Let's go nuts!
http://www.wsws.org/articles/2008/nov2008/pash-n26.shtml
With such a non-juridical approach, attention would shift from proving individual guilt to a more all-encompassing focus on the social and psychological symptoms. Examination of the social, cultural and economic environment associated with anti-social forms of behavior would replace the isolated focus on "the facts" of a single incident as the decisive factor in the process.
The commodity exchange theory is firmly rooted in the proposition that the legal superstructure grows necessarily out of the individualization and opposition of interests inherent in the capitalist mode of production. In this socio-economic context, the law suit (or controversy) is the basic mode of resolution of legal matters, whereas a social unity of purpose is the premise for a purely technical regulation—for example, the administration of a system of mass transit or standardized medical procedures. In this manner, Pashukanis draws a fundamental distinction between bourgeois law and what would emerge as socialist regulation.
The theory holds that the legal form would wither away as commodity exchange and market relations gave way to social production and distribution. Pashukanis put it best, saying, "Only when the individualistic economic system has been superseded by planned social production and distribution will this unproductive expenditure of man's intellectual energies (the law and law suits) cease."
In other words, as private interests are replaced by collective interests, society's governance will no longer require the compulsion of formal legal instruments to manage myriad individual disputes, and social regulation will increasingly take the form of simple technical coordination and management.
Although Head notes that this conclusion has been routinely assailed by bourgeois academics as utopian, he points out that "if masses of people actually controlled their own lives as well as the economic, political, social and cultural direction of society" the "unity of purpose"—made possible by socialist revolution—could be a reality.
I'm going to pick this up soon. Anyone have anything else relevant to recommend to the topic?
Also - this thread can serve as a general for theorizing on the fate of the legal form during revolution and within the stateless and classless society, or critiques of bourgeois jurisprudence if you feel like it. Let's go nuts!