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Die Kritik der marxistischen Rechtstheorie: Zu Paschukanis' Begriff der Rechtsform

By: Contributor(s): Material type: ArticlePublication details: Verlag der Österreichischen Akademie der Wissenschaften Velbrück Wissenschaft [Imprint] 2022Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 978-3-95832-290-5
Subject(s): Online resources: Summary: Eugen Pashukanis' concept of the legal form culminates in the dialectics of freedom and domination of bourgeois society. In this context, law is not understood as an instrument, but is deliberated upon as a form, independent of its concrete content. Against the utopian attempt to imagine a beyond of law, Pashukanis' theory of law is, at last, asserted not as a theory of how law should be, but as a theory of how law should be conceptualized and, that is, criticized.
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Eugen Pashukanis' concept of the legal form culminates in the dialectics of freedom and domination of bourgeois society. In this context, law is not understood as an instrument, but is deliberated upon as a form, independent of its concrete content. Against the utopian attempt to imagine a beyond of law, Pashukanis' theory of law is, at last, asserted not as a theory of how law should be, but as a theory of how law should be conceptualized and, that is, criticized.

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