1st Edition

Legal Form and the End of Law Pashukanis's Legacy

    270 Pages
    by Routledge

    Following the 100th anniversary of Pashukanis’ General Theory of Law and Marxism (1924), this volume aims to breathe new life into the main category of Pashukanian legacy, the concept of legal form.  

    This book offers new, deeper and more general, ways in which the concept of legal form can be used to push forward Marxist – post-Marxist or hauntingly Marxist – legal theory. Accordingly, this book does not pledge allegiance to reconstructing and reconsidering the official interpretative legacy of the legal form. Instead, it mobilises the revolutionary conceptual potentialities that this term contains. When investigated thoroughly, and in many dimensions, the legal form becomes a privileged vantage point not only into the greatest law-related riddles of Marxism (such as the relation between economy and the state or withering away of statal apparatuses), but the whole of modernity as the epoch determined by – if not overlapping with – capitalism. This book aims to think with the legal form rather than explain this concept. In so doing, it offers a panoply of theoretical perspectives that address legal subjectivity, abstraction, autonomy of the law and, last but not least, withering away of the law. 

    This contemporary interrogation of the relevance of the concept of legal form will be of considerable interest to scholars and students of legal and political theory.

    Chapter 1. Subjectification through Normativity: Legal Form as a Modern Device

    Przemyslaw Tacik


    Chapter 2. The Politics of Abstraction. Property, Subjectivity, Legal Form

    Rosie Woodhouse


    Chapter 3. A Journey to the Center of the Legal Form: Kelsen’s Ought as the Missing Piece to the Master-Signifier of the Legal Form

    Peter Čuroš


    Chapter 4. Pashukanis avec Lacan : Towards the Fantasy of Legal Form

    Dennis Wassouf


    Chapter 5. On the Relative Autonomy of the Modern Form of Law: From Marx and Engels to Althusser

    Eduardo A. Chia


    Chapter 6. Struggle to See the Law: Legal Form Beyond the Object Totality

    Hedvig Lärka


    Chapter 7. From Critique of Abstraction to Speculative Legal Form

    Hugo Lundberg


    Chapter 8. Legal Form and the Anarchist Critique of the Law

    Christos Marneros


    Chapter 9. Law Beyond the Legal Form

    Tormod Johansen


    Chapter 10. The Withering Away of the Legal Form: Revisiting Past Debates for Future Movements

    Dimitrios Kivotidis


    Cosmin Cercel is Professor of Legal History at Ghent University, Belgium.  

    Gian-Giacomo Fusco is Lecturer in Law at Kent Law School, University of Kent, UK.

    Przemyslaw Tacik is Assistant Professor at the Institute of European Studies at the Jagiellonian University of Kraków, Poland.