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Author: Janet Campbell
Publisher: Edwin Mellen Press
ISBN:
Category : Law and socialism
Languages : en
Pages : 392
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Book Description
The purpose of this work is to construct theoretically a regulatory system based on the writings of a selection of Marxist legal theorists (Marx, Engels, Stuchka, Reisner and Pashukanis), ascertain whether such a system might be considered law, and determine whether or not there is a legitimate claim for a socialist jurisprudence. Both theoretical constructs and historical examples are used during the course of discussion. The results indicate that there is a viable alternative to law which does not ignore the regulatory needs of society and is compatible with the Marxist critique of the legal order. It fills the gap existing in the literature of socialist law and articulates a system of social regulation that can be considered non-legal (thus making it compatible with Marxist theory). To this date, such an attempt to define theoretically a regulatory system in communism compatible with the writings of Marx and Engels has not been made.
Author: Janet Campbell
Publisher: Edwin Mellen Press
ISBN:
Category : Law and socialism
Languages : en
Pages : 392
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Book Description
The purpose of this work is to construct theoretically a regulatory system based on the writings of a selection of Marxist legal theorists (Marx, Engels, Stuchka, Reisner and Pashukanis), ascertain whether such a system might be considered law, and determine whether or not there is a legitimate claim for a socialist jurisprudence. Both theoretical constructs and historical examples are used during the course of discussion. The results indicate that there is a viable alternative to law which does not ignore the regulatory needs of society and is compatible with the Marxist critique of the legal order. It fills the gap existing in the literature of socialist law and articulates a system of social regulation that can be considered non-legal (thus making it compatible with Marxist theory). To this date, such an attempt to define theoretically a regulatory system in communism compatible with the writings of Marx and Engels has not been made.
Author: O’Connell, Paul
Publisher: Edward Elgar Publishing
ISBN: 178811986X
Category : Law
Languages : en
Pages : 608
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Book Description
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: Paul O'Connell
Publisher: Edward Elgar Publishing
ISBN: 9781788119856
Category :
Languages : en
Pages : 592
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Book Description
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. The Research Handbook brings together thirty-three scholars of Marx, Marxism, and law from around the world to offer theoretically informed introductions to the Marxist tradition of social critique, contemporary Marxist analyses of law and rights, and future orientations of Marxist legal analysis. Chapters testify to the strength of Marxist critical tools for understanding the role of law, rights, and the state in capitalist societies. Exploring Marxist critique across an extraordinarily wide range of scholarly disciplines, this Research Handbook is a must-read for scholars of law, politics, sociology, philosophy, and political economy who are interested in Marxism. Graduate and advanced undergraduate students in these and related disciplines will also benefit from the Research Handbook.
Author: Evgeny Pashukanis
Publisher: Routledge
ISBN: 1351482343
Category : Political Science
Languages : en
Pages : 195
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Book Description
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: Hugh Collins
Publisher: Oxford University Press, USA
ISBN:
Category : Law
Languages : en
Pages : 182
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Book Description
This volume applied the insights of the Marxist tradition in social theory and politics to the law. It is written in straightforward non-technical language which is easily accessible to those not acquainted with Marxism or the law.
Author: Piers Beirne
Publisher: John Wiley & Sons
ISBN:
Category : Law
Languages : en
Pages : 404
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Book Description
Author: Evgeniĭ Bronislavovich Pašukanis
Publisher: Transaction Pub
ISBN: 9780765807441
Category : Law
Languages : en
Pages : 195
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Book Description
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 book will be of interest to sociologists, criminologists, and political scientists interested in issues of law and Marxism.
Author: David Greenberg
Publisher: Temple University Press
ISBN: 1439905649
Category : Philosophy
Languages : en
Pages : 778
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Book Description
Classic and contemporary viewpoints on crime.
Author: B. S. Chimni
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 326
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Book Description
Author: Xin Ren
Publisher: Bloomsbury Publishing USA
ISBN: 0313370109
Category : Law
Languages : en
Pages : 198
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Book Description
Traditionally, social theorists in the West have structured models of state social control according to the tenet that socialization is accomplished by means of external controls on behavior: undesirable actions are punished and desirable actions result either in material reward or a simple respite from the oppressive attentions of an authoritarian state. In this volume, the author presents the tradition of law in China as an exception to the Western model of social control. The Confucian bureaucracy that has long structured Chinese social life melded almost seamlessly with the Maoist revolutionary agenda to produce a culture in which collectivism and an internalized adherence to social law are, in some respects, congenital features of Chinese social consciousness. Through her investigation of the Maoist concept of revolutionary justice and the tradition of conformist acculturation in China, the author constructs a fascinating counterpoint to traditional Western arguments about social control.
