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Author: Michael Head
Publisher: Routledge
ISBN: 1135307873
Category : Law
Languages : en
Pages : 309
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Book Description
A thorough examination of Pashukanis’ writings, this book is a significant contribution to a proper assessment of Pashukanis’ work, the value of his theoretical legacy and the contemporary relevance of Marxist legal theory. Interest in the best-known Soviet legal scholar, Evgeny Pashukanis, remains widespread and his work retains considerable relevance. His writings provide a rich source of material on the Marxist theory of law and the state, as well as the attempts to apply that doctrine in Soviet Russia. In this book, Michael Head considers Pashukanis’ work both within its historical context and in relation to contemporary legal theory, answering a range of questions including: How and why did Pashukanis emerge as the pre-eminent Soviet jurist from 1924 to 1930? Why did he come under only minor criticism from 1930 to 1936 and then be denounced and executed in 1937 as a 'Trotskyite saboteur'? Why have many Western scholars generally praised the quality and originality of Pashukanis’ work, yet also drawn the conclusion that his fate illustrates the intrinsic impossibility of the entire communist project? Serving as an introduction to Pashukanis and Marxist legal theory and a timely contribution in light of the universal assault on civil liberties in the indefinite 'War on Terror' and the constant escalation of 'law and order' measures in Western societies, this volume is an invaluable resource for those interested in jurisprudence and critical thought.
Author: Michael Head
Publisher: Routledge
ISBN: 1135307873
Category : Law
Languages : en
Pages : 309
Get Book
Book Description
A thorough examination of Pashukanis’ writings, this book is a significant contribution to a proper assessment of Pashukanis’ work, the value of his theoretical legacy and the contemporary relevance of Marxist legal theory. Interest in the best-known Soviet legal scholar, Evgeny Pashukanis, remains widespread and his work retains considerable relevance. His writings provide a rich source of material on the Marxist theory of law and the state, as well as the attempts to apply that doctrine in Soviet Russia. In this book, Michael Head considers Pashukanis’ work both within its historical context and in relation to contemporary legal theory, answering a range of questions including: How and why did Pashukanis emerge as the pre-eminent Soviet jurist from 1924 to 1930? Why did he come under only minor criticism from 1930 to 1936 and then be denounced and executed in 1937 as a 'Trotskyite saboteur'? Why have many Western scholars generally praised the quality and originality of Pashukanis’ work, yet also drawn the conclusion that his fate illustrates the intrinsic impossibility of the entire communist project? Serving as an introduction to Pashukanis and Marxist legal theory and a timely contribution in light of the universal assault on civil liberties in the indefinite 'War on Terror' and the constant escalation of 'law and order' measures in Western societies, this volume is an invaluable resource for those interested in jurisprudence and critical thought.
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: China Miéville
Publisher: Haymarket Books
ISBN: 1931859337
Category : Law
Languages : en
Pages : 392
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Book Description
"China Mieville's brilliantly original book is an indispensable guide for anyone concerned with international law. It is the most comprehensive scholarly account available of the central theoretical debates about the foundations of international law. It offers a guide for the lay reader into the central texts in the field."--Peter Gowan, Professor, International Relations, London Metropolitan University. Mieville critically examines existing theories of international law and offers a compelling alternative Marxist view. China Mieville, PhD, International Relations, London School of Economics, is an independent researcher and an award-winning novelist. His novel Perdido Street Station won the Arthur C. Clarke Award.
Author: Michael Head
Publisher: Routledge
ISBN: 1135307881
Category : Law
Languages : en
Pages : 282
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Book Description
A thorough examination of Pashukanis’ writings, this book is a significant contribution to a proper assessment of Pashukanis’ work, the value of his theoretical legacy and the contemporary relevance of Marxist legal theory. Interest in the best-known Soviet legal scholar, Evgeny Pashukanis, remains widespread and his work retains considerable relevance. His writings provide a rich source of material on the Marxist theory of law and the state, as well as the attempts to apply that doctrine in Soviet Russia. In this book, Michael Head considers Pashukanis’ work both within its historical context and in relation to contemporary legal theory, answering a range of questions including: How and why did Pashukanis emerge as the pre-eminent Soviet jurist from 1924 to 1930? Why did he come under only minor criticism from 1930 to 1936 and then be denounced and executed in 1937 as a 'Trotskyite saboteur'? Why have many Western scholars generally praised the quality and originality of Pashukanis’ work, yet also drawn the conclusion that his fate illustrates the intrinsic impossibility of the entire communist project? Serving as an introduction to Pashukanis and Marxist legal theory and a timely contribution in light of the universal assault on civil liberties in the indefinite 'War on Terror' and the constant escalation of 'law and order' measures in Western societies, this volume is an invaluable resource for those interested in jurisprudence and critical thought.
Author: Evgeniĭ Bronislavovich Pashukanis
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 400
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Book Description
Author: Igor Shoikhedbrod
Publisher: Springer Nature
ISBN: 3030301958
Category : Philosophy
Languages : en
Pages : 248
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Book Description
Revisiting Marx’s Critique of Liberalism offers a theoretical reconstruction of Karl Marx’s new materialist understanding of justice, legality, and rights through the vantage point of his widely invoked but generally misunderstood critique of liberalism. The book begins by reconstructing Marx’s conception of justice and rights through close textual interpretation and extrapolation. The central thesis of the book is, firstly, that Marx regards justice as an essential feature of any society, including the emancipated society of the future; and secondly, that standards of justice and right undergo transformation throughout history. The book then tracks the enduring legacy of Marx’s critique of liberal justice by examining how leading contemporary political theorists such as John Rawls, Jürgen Habermas, Axel Honneth, and Nancy Fraser have responded to Marx’s critique of liberalism in the face of global financial capitalism and the hollowing out of democratically-enacted law. The Marx that emerges from this book is therefore a thoroughly modern thinker whose insights shed valuable light on some of the most pressing challenges confronting liberal democracies today.
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: 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: Francine Hirsch
Publisher: Oxford University Press
ISBN: 0199377944
Category : History
Languages : en
Pages : 432
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Book Description
Organized in the immediate aftermath of World War II to try the former Nazi leaders for war crimes, the Nuremberg trials, known as the International Military Tribunal (IMT), paved the way for global conversations about genocide, justice, and human rights that continue to this day. As Francine Hirsch reveals in this immersive new history of the trials, a central piece of the story has been routinely omitted from standard accounts: the critical role that the Soviet Union played in making Nuremberg happen in the first place. Hirsch's book reveals how the Soviets shaped the trials--only to be written out of their story as Western allies became bitter Cold War rivals. Soviet Judgment at Nuremberg offers the first full picture of the war trials, illuminating the many ironies brought to bear as the Soviets did their part to bring the Nazis to justice. Everyone knew that Stalin had originally allied with Hitler before the Nazi invasion of the Soviet Union. The Molotov-Ribbentrop Pact of 1939 hung heavy over the courtroom, as did the suspicion among the Western prosecutors and judges that the Soviets had falsified evidence in an attempt to pin one of their own war crimes, the Katyn massacre of Polish officers, on the Nazis. It did not help that key members of the Soviet delegation, including the Soviet judge and chief prosecutor, had played critical roles in Stalin's infamous show trials of the 1930s. For the lead American prosecutor Robert H. Jackson and his colleagues, Soviet participation in the Nuremberg Trials undermined their overall credibility and possibly even the moral righteousness of the Allied victory. Yet Soviet jurists had been the first to conceive of a legal framework that treated war as an international crime. Without it, the IMT would have had no basis for judgment. The Soviets had borne the brunt of the fighting against Germany--enduring the horrors of the Nazi occupation and experiencing almost unimaginable human losses and devastation. There would be no denying their place on the tribunal, nor their determination to make the most of it. Once the trials were set in motion, however, little went as the Soviets had planned. Soviet Judgment at Nuremberg shows how Stalin's efforts to direct the Soviet delegation and to steer the trials from afar backfired, and how Soviet war crimes became exposed in open court. Hirsch's book offers readers both a front-row seat in the courtroom and a behind-the-scenes look at the meetings in which the prosecutors shared secrets and forged alliances. It reveals the shifting relationships among the four countries of the prosecution (the U.S., Great Britain, France, and the USSR), uncovering how and why the Palace of Justice in Nuremberg became a Cold War battleground. In the process Soviet Judgment at Nuremberg offers a new understanding of the trials and a fresh perspective on the post-war movement for human rights.
Author: Maïa Pal
Publisher: Cambridge University Press
ISBN: 1108497209
Category : Law
Languages : en
Pages : 365
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Book Description
Introduction -- Early modern extraterritoriality -- Historical sociology, Marxism, and law -- Social property relations -- Ambassadors -- Consuls -- Colonial practices of jurisdictional accumulation -- Analytical crossroads : dominium, consuls, and extraterritoriality.
