Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 (...) // ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

Legal Naturalism advances a clear and convincing case that Marx's theory of law is a form of natural law jurisprudence.

The primary aim of this article is to present the rule of law universalism as a relevant theoretical and socio-political issue that critical legal thought needs to contend with. In order to do so, this issue is described through a Marxist theoretical framework, which aids in identifying the consequences of this universalism. Furthermore, the Marxist theoretical framework is suggested as a countermeasure that allows for going beyond it. The rule of law universalism is analysed as a process connected to (...) establishing hegemony and status quo that affects both the way the law is thought of and practiced. The post-communist context serves in fleshing out some of these consequences. Although the transition is not the main subject of inquiry, it is a starting point to a set of philosophical questions directed towards the rule of law universalism, mainly regarding historical embeddedness and socio-political dependency of the rule of law. The transitional context illustrates the tension between the rule of law treated as a generalized blueprint and the reality it is introduced to. The method of approach to this tension argued for in this paper is Marxian theorization of concept as an interplay between concrete and abstract that underlies historical materialism. This movement within concept is juxtaposed to the universalism. The philosophical investigations are followed by findings from Marxist legal theory that pinpoint the importance of concrete interventions into the legal theory that abate its ever-growing abstractness. In particular, the import of knowledges and practices divorced from the capitalist system is brought into focus. The paper concludes with a brief assessment of the possibility of overturning the rule of law universalism and a discussion on the emancipatory potential of law. (shrink)

This chapter contains sections titled: The Object of Marxist Theory of Law Outline of a Marxist Theory of Law Alternative Marxist Approaches to Law Ideology as Law and Law as Ideology Law and State Economic Relations and the Law Legal Relations and Class Relations Conclusions References.

Critical legal studies is one of the most challenging developments in the contemporary study of law. Drawing heavily on the radical political culture of the period since the 1960s, critical legal studies assents the necessity of a politics of law - a politics which sees law, not as something apart, but as engaged in the multitude of arguments, battles and struggles which produce the human condition. Such a committment decisively rejects the dominant tradition of Anglo-American legal scholarship, (...) the expository orthodoxy or, more crudely, the 'black-letter law' approach. The essays in this book provide the first wide ranging exploration of the aims and scope of critical legal studies in Britain. They draw on a diversity of intellectual traditions, including feminism, Marxism, critical theory and deconstruction and explore the implications of the critical approach for important areas such as property, contract, company, and labour law. (shrink)

The critical legal studies movement involves a group of scholars who have political views ranging from disaffected liberalism to committed marxism to utopian anarchism. This movement in the field of jurisprudence has arisen aver the past ten years and hopes to influence a radical change in what they view as liberal orthodox legal theory. Topics of discussion include the intellectual foundations of the CLS movement, its principles and aims, its critique of the legal doctrine and ideas (...) for change. (shrink)

The Communist Manifesto’s salient point was set out in Critics of the Gotha Program as “From Each According to Their Abilities, to Each According to Their Needs”. The demise of communism in the former Soviet Union has caused its critics to claim that ‘revolutionary’ political theory has no basis for legal or philosophical development. The contention of those who oppose radical socialism achieved by the levelling of the classes proclaim that this is an unattainable goal. They argue that a (...) ‘withering of the state’ is not possible for the implementation of Marx’s theory because of the centralisation that is inevitable in socialism which leads to an aggregate of relationships that redistributes power at the apex of the hierarchy. However, this appraisal has to be viewed with reference to the adoption by Marxists of socio legal theory as an analytical tool that has spawned arguments based on legal realism. This article examines the construction of these arguments within the sociology of law and looks at the inception of critical race theory which projects historical injustices towards a racial minority and seeks to transform society by exposing law as an instrument of oppression. (shrink)

This chapter begins with a discussion of Marxism, which is a theory about the meaning of history. According to Marxism the meaning of history is that man's destiny lies in the creation of a Communist society where men will experience a higher stage of being amounting to the realization of true freedom. It then addresses the question of whether there is a Marxist theory of law. General theories of law are predicated on a belief in the nature of (...) law which can be termed legal fetishism. Marxists reject such a belief and it follows that they are not inclined to develop a general theory of law as an end in itself. Nevertheless, much remains for Marxists to say about law. (shrink)

"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." --Descripción del editor. (shrink)

In this article, I use a Marxist feminist methodology to map the organisation of migrant sex workers’ socially reproductive paid and unpaid labour in one city and country of arrival, London, UK. I argue that unfree and ‘free’ labour exists on a continuum of capitalist relations of production, which are gendered, racialised, and legal. It is within these relations that various actors implement, and migrant sex workers contest, unfree labour practices not limited to the most extreme forms. My analysis (...) reveals that many migrant sex workers have very limited ‘freedom’. This is in stark contrast to the classical liberal claim of sex worker rights activists and academics that the vast majority of migrant sex workers are free, and therefore not coerced, exploited or trafficked. I then consider whether the emerging labour approach to trafficking could help achieve ‘freedom’ for migrant sex workers. Advocates argue that anti-trafficking efforts must, and can, be refocused on extending minimum labour and social protections to all vulnerable workers. I argue that this approach is disconnected from material interests and history. Rather, migrant sex workers, sex worker rights activists, and all migrant and citizen workers and activists globally must collectively organise against ‘labour unfreedom’ and hence for meaningful control over their labour and lives. (shrink)

Mikhail Nikolaevich bridges 19th- and 20th-century Russian culture as well as Leninism and Stalinism, and later became an instrument in Khrushchev's effort at de-Stalinization. Pokrovskii was born in Moscow in 1868. He described the years before 1905 as his time of "democratic illusions and economic materialism." His interest in legal Marxism began in the 1890's but it was only with the Revolution of 1905 that he stepped into the Marxist camp. Pokrovskii was a leader in the creation of (...) the "historical front"—an organization of scholars authorized to work out a Marxist theory of the past. He formalized the bond between scholarship and politics through his belief that historians should assist party authorities in effecting a cultural revolution; thus he supported Stalin's collectivization of agriculture and leg a campaign to silence non-Marxist scholars, some of whom he had defended earlier. Yet his accommodation with Stalin was uneasy, and after Pokrovskii's death in 1932 his allegedly "abstract sociological schemes" were condemned and his career was dubbed _pokrovshcina_—era of the wicked deeds of Pokrovskii. (shrink)

This book explains an interaction between Soviet Russia and the West that has been overlooked in much of the analysis of the demise of the USSR. Legislation strikingly similar to the Marxist-inspired laws of Soviet Russia found its way into the legal systems of the Western world. Even though Western governments were at odds with the Soviet government, they were affected by the ideas it put forth. Western law was transformed radically during the course of the twentieth century, and (...) much of that change was along lines first charted in Soviet law. (shrink)

The thesis of this study is that there is a plausible, adequate and coherent theory of law which lies embedded in the corpus of Marxist writings. This latent theory of law is a variant of natural law theory, called in the thesis, 'Legal Naturalism'. Marxist legal theory is formally similar to other theories within the natural law tradition. It differs from other theories because it posits a different locus for law from those affirmed by these other theories. Natural (...) law, for Marxism, refers to the "natural law of the mode of production". Legal naturalism is the view that the basic law of a given epoch or social formation is that law which is an essential aspect of the mode of production. Like other natural law theories, legal naturalism asserts that the positive law of any particular society is reflective of deeper structures. ;The legal naturalist interpretation of Marxism differs from existing interpretations in denying that the deeper structures which positive law reflects is solely, or even significantly, economic. They are legal, but naturally legal. Natural law provides a touchstone with which to identify, differentiate, explain and evaluate positive law. The implications of the distinction between natural law and positive law for the evolution and future of law examined and defended. (shrink)

A series of essays treating, among other topics, the definition of orthodox Marxism, the question of legality and illegality, Rosa Luxemburg as a Marxist, the changing function of Historic Marxism, class consciousness, and the ...

Marxist Philosophy in China is an important task is to use the basic theory of Marxist philosophy, viewpoint and method to sort, extract of traditional Chinese culture, philosophy. And the "legitimacy of Chinese philosophy," the discussion, while filling the job of "legitimacy" has also been a certain degree of skepticism. Including how to look at the cultural characteristics of Chinese philosophy, Western academic norms on how to look at the impact of Chinese philosophy and how to look at the transformation (...) of traditional Chinese philosophy, it is clear from the theoretical work to clarify the legality of the key. The main task of sinicizing Marxist philosophy is how to abstract philosophical thoughts from traditional Chinese culture with the guide of basic Marxist theories, viewpoints and methods. However, the validity problem of Chinese philosophy in a degree makes the validity of this project become a problem as well. How to understand the cultural identity of Chinese philosophy? How to evaluate the impact Western academic discourses left on Chinese philosophy? And how to judge the transformation of Chinese philosophy? We hold that theoretically, these three questions are the key points for the validity illumination of the project mentioned above. (shrink)

As early as 1962, Jürgen Habermas was convinced that Karl Marx’s theoretical attempt to ‘turn Hegel the right side up’ had resulted in a one-sided embrace of revolution and a perilous rejection of legality and rights. Habermas would restate these remarks thirty years later in Between Facts and Norms, noting that the collapse of state socialism, with its characteristic disdain for legality and rights, culminated in the discrediting of revolutionary Marxism. This article revisits Habermas’s theoretical dichotomy between revolution and (...) legality in view of his ambivalent relationship to ‘Marx’s spectre’ and shows its significance for Habermas’s ongoing debate with Wolfgang Streeck concerning the tension between democracy and capitalism. Using textual evidence from Marx’s neglected journalistic writings before, during, and after the 1848 revolutions, the article offers a competing perspective of Marx’s views on legality and rights at a time when their respective fates were critically at stake. A careful reconsideration of Marx’s reflections and a confrontation with his spectre offers Habermas fruitful resources for responding to Streeck’s critique and for reviving the project of ‘radical reformism’ at a time when the liberal constitutional order finds itself under attack. (shrink)

Critical theory encapsulates the many connections between theory and praxis. This Research Handbook addresses the broad range of these connections in relation to legal thought. Featuring contributions from leading scholars of law and critical theory, the Handbook confronts the logic of the institutional with its specific challenges right across the broad field of legal thought. The Research Handbook initially addresses the question of definition, tracking the origins and development of critical legal theory along its European and North (...) American trajectories. Thematic connections are made between the development of legal theory and other currents of critical thought including feminism, Marxism, critical race theory, varieties of postmodernism, as well as the various 'turns' (ethical, aesthetic, political) of critical legal theory. Finally, particular legal disciplines are examined, including labour, criminal and intellectual property law, exploring what critical approaches reveal about them with the clear focus on opportunities for social transformation. This comprehensive and forward-looking Research Handbook will be of great interest to adherents of critical legal theory and scholars of jurisprudence more widely, as it provides a valuable analysis of the latest research and thinking in this dynamic field. (shrink)

The article analyses European regulations concerning the health protection at work with nanomaterials in the context of the Christian vision of human work. The increasingly widespread presence of nanotechnology in workplaces requires serious reflection on the adequacy of employers’ measures to protect workers’ health from the risks in the workplace. The lack of clear guidance in European legislation directly concerning work with nanoparticles is problematic. Moreover, the health consequences for workers using nanomaterials in the work process are not fully explored (...) in science. It is therefore essential to consider what values should accompany employers in shaping working conditions and what values should be legislated when creating occupational health and safety law. First of all, how should the employers deal with the unknown? Should they abandon nanomaterials for which they do not have adequate information at all until the consequences for workers’ health have been established? Should such action be limited to situations where studies indicate the toxicity of the nanomaterials present in the working environment? In this context, the article analyses values and objectives indicated by the teaching of the Catholic Church. The publication presents a Christian vision on the protection of workers’ health and their place in the work process. Europe has been under the influence of Christianity for many centuries now. The Catholic Church’s view of human labour continues to be present in public debates in Europe. The Christian view of human labour is focused on the working man and his dignity. Irrespective of other concepts of labour, Christianity assumes the priority of a human being over capital. The Catholic Church analyses the working man as going beyond the Earthly context, which is not typical for such doctrines as liberalism or Marxism. The author’s article is an attempt in answering the question about how up to date the Catholic Church’s views on human labour are in the light of nanotechnology development in the workplace. (shrink)

Originally published thirty years ago, Critique of the Legal Order remains highly relevant for the twenty-first century. Here Richard Quinney provides a critical look at the legal order in capitalist society. Using a traditional Marxist perspective, he argues that the legal order is not intended to reduce crime and suffering, but to maintain class differences and a social order that mainly benefits the ruling class. Quinney challenges modern criminologists to examine their own positions. As "ancillary agents of (...) power," criminologists provide information that governing elites use to manipulate and control those who threaten the system. Quinney's original and thorough analysis of "crime control bureaucracies" and the class basis of such bureaucracies anticipates subsequent research and theorizing about the "crime control industry," a system that aims at social control of marginalized populations, rather than elimination of the social conditions that give rise to crime. He forcefully argues that technology applied to a "war against crime," together with academic scholarship, is used to help maintain social order to benefit a ruling class. Quinney also suggests alternatives. Anticipating the work of Noam Chomsky, he suggests we must first overcome a powerful media that provides a "general framework" that serves as the "boundary of expression." Chomsky calls this the manufacture of consent by providing necessary illusions. Quinney calls for a critical philosophy that enables us to transcend the current order and seek an egalitarian socialist order based upon true democratic principles. This core study for criminologists should interest those with a critical perspective on contemporary society. (shrink)

A significant development in law schools in recent years is the reflowering, or in many cases the first flowering, of interest in legal theory. This may take the form of a greater concern with the jurisprudential and philosophical basis of law; alternatively, it may be represented in attempts to bring to bear on legal issues the knowledge and insights developed in other disciplines. Both directions branch into a multitude of sub-disciplines, any one of which offers rich pickings to (...) the legal academic. The object of these essays, all of which were written specially for the volume by members of the Law Faculty of the University of Melbourne, is to take a number of legal issues which are of particular contemporary interest and to analyse them in a theoretical way or by using knowledge and techniques derived from other disciplines. The authors cover such topics as the patentability of living organisms; the legal and ethical problems that arise from medical research and experiment; the economic basis of property rights; the application to the decisions of officials of values deriving from fairness and rationality; the arguments for and against regulating the professions; the theoretical basis of the law of evidence and how this relates to practical issues; whether legal systems are in fact 'systems'; the relationship between Marxism and positivism; the capacities of the courts in dealing with non-justiciable issues; and the relationship between private and public law concepts. (shrink)

The state, by V.I. Lenin.--The revolutionary part played by law and the state; a general doctrine of law, by P.I. Stuchka.--The theory of Petrazhitskii: Marxism and social ideology. Law, our law, foreign law, general law, by M.A. Reisner.--The general theory of law and Marxism, by E.B. Pashukanis.--The right deviation in the Communist Party of Bolsheviks. Political report of the Central (Party) Committee to the XVI Congress, 1930, by J.V. Stalin.-- The Soviet state and the revolution in law, by (...) E.B. Pashukanis.--Socialism and law, by P. Yudin.--The fundamental tasks of the science of Soviet socialist law, by A.Y. Vyshinsky.--Report to the XVIII Party Congress, by J.V. Stalin.--The theory of the state and law, by S.A. Golunskii and M.S. Strogovich.--The Soviet state in the war for the fatherland, by A.Y. Vyshinsky.--The relationship between state and law, by I.P. Trainin. (shrink)

Hegel's legacy is particularly controversial, not least in legal theory. He has been classified as a proponent of either natural law, legal positivism, the historical school, pre-Marxism, postmodern critical theory, and even transcendental legal theory. To what degree has Hegel actually influenced contemporary legal theorists? This review article looks at Michael Salter's collection Hegel and Law. I look at articles on civil disobedience, contract law, feminism, and punishment. I conclude noting similarities between Hegel's legal (...) theory and that of Ronald Dworkin. I also criticize the volume's emphasis on Hegel's postmodern credentials, all of which I doubt. (shrink)

At the beginning of the twentieth century, Russian Marxism, which was rapidly gaining intellectual and political influence, faced the need to develop its ethical concepts, since the “atheistic ethics,” represented by the philosophy of Russian narodniki and European social democrats, were found to be ideologically unacceptable. The subject of this article is an attempt to comprehend the moral problems addressed in the heterogeneous circles of Russian Marxism in the first three decades of the twentieth century. The concepts introduced (...) by A. Bogdanov, L. Aksel’rod, and A. Lunacharsky played a critical role in this context. If Bogdanov proclaimed historical legality and morality as such to be forms of ideological consciousness that would be abolished in the course of social evolution, then Aksel’rod sought to defend and justify a universalist understanding of morality, faced with the need to reconcile this understanding with the key provisions of historical materialism. Lunacharsky, finally, found himself in an equally difficult situation, trying to reconcile the position of the self-sufficiency of the Marxist worldview with the obvious, as it seemed to him, need for its “ethical supplement” and finding a solution in peculiar identification of the ethical and the aesthetic. These attempts reflect a peculiarity of the development of Russian Marxism. In the field of ethics, in particular, it followed a path that could be described as one of narrowing interpretations‚ as a result of which a more heuristically simple and unambiguous version of the theory was created. (shrink)

The article defines the nature of the Russian war against Ukraine in the context of social and state transformations of the 20th — 21st centuries. It is emphasized that this is a war of different worlds, mentalities, worldviews, ways of life, values, etc., which has been going on for many centuries in various forms (direct and mediated, open and veiled, hot and cold). The role of the religious-legal factor in the Russian war against Ukraine at various stages of Ukrainian (...) state formation (periods of the Ukrainian People’s Republic, Soviet, modern) is revealed. It is emphasized that it was during the time of the Ukrainian People’s Republic that the legal basis for the organization of the Ukrainian Local Orthodox Church, confessional differentiation and the establishment of freedom of conscience and interconfessional tolerance in Ukrainian society was created. Emphasized attention is paid to the fact that in the Soviet period, the Russian war against Ukraine continued in a new, veiled, hidden, invisible (at first glance) form with the active use of the religious factor. The results of this period have been determined, namely: rampant militant/ scientific atheism, radical extermination, Russification of Ukrainian Orthodoxy, liquidation of the Ukrainian Autocephalous Orthodox Church and the Ukrainian Greek Catholic Church, etc. Special attention is paid to the Soviet secular/political religion (Marxism-Leninism) as a key basis for the implementation of an aggressive policy regarding the historical memory and cultural identity of the Ukrainian people and a manipulative tool for the destruction of Ukrainian history, culture, worldview, nation, state and law in the information, hybrid, total, full-scale and other Russia’s wars against Ukraine. The article substantiates that improved legislation with an effective legal mechanism for its implementation, a strong civil society with developed institutions, including the institution of religion (church), adequate guarantees of religious rights and freedoms are important factors in ensuring state, national, religious security and victory of Ukraine (at the current stage) in the war waged against it by the Russian Federation. (shrink)

There is an abundant and growing feminist literature examining the implications of reproductive technologies that separate genetic, physiological, and social motherhood. The literature explains the development of these technologies in terms of the motivations of men, stressing the victimization of women by the medical and legal institutions and the commodification of these technologies. This article examines these technologies from a Marxist-Feminist perspective, locating their sources in the overall development of the forces of production; that is, in structural changes irreducible (...) to their microfoundations. In the process of changing the biological conditions of intergenerational social reproduction, these technologies have established the material basis for the structural separation between the mode of procreation and the mode of social and physical reproduction. These structural changes are generating new identities and forms of consciousness that clash with taken-for-granted ideas about motherhood. These differences are captured in feminist debates about the significance of these technologies. (shrink)

Mr. Xu Suhua article to my proposal of "Marxist Philosophy in China" is equivalent to what he calls "the guiding ideology of the party", "Marxist philosophy in China" is equivalent to what he calls "academic research form", which does not meet my intention. "Legality of Marxist philosophy," the discussion does exist. "Marxist Philosophy in China" in China, learning, using, in practical experience, to carry forward the fine Chinese culture and philosophy, the wisdom of the masses sublimation developed on the basis (...) of Marxist philosophy. It is a modern form of Chinese philosophy. It is an innovative system of philosophy, but also the Party's guiding ideology of the philosophical foundation. I believe that Mr. Xu Suhua has misunderstood my opinion of "Chinese Marxist philosophy" in his paper. In my point of view, the discussions of "the legitimacy of Marxist philosophy" were actually existed. "Chinese Marxist philosophy" is the development of Marxist philosophy based on practical experience, Chinese culture, and wisdom of the people, and is a modem form of Chinese philosophy, too. It's regarded as the initiative systematic theory of philosophy and serves as the philosophical basis of the guiding thought of our party. (shrink)

Against expectations that the turn away from state socialism would likewise initiate a turn away from Marxist thought, recent years have seen a resurgence of interest in Marxism and its reassessment by a new generation of theorists. This book pursues that interest with specific reference to international law. It presents a sustained and fascinating exploration of the pertinence of Marxist ideas, concepts and analytical practices for international legal enquiry from a range of angles. Essays consider the relationship between (...) Marxism and critical approaches to international law, the legacy of Soviet international legal theory, the bearing of Marxism for the analysis of international trade law and human rights, and the significance for international legal enquiry of such Marxist concepts as the commodity, praxis and exploitation. (shrink)

Bill Bowring’s book attempts to argue for a Marxist account of international law that embraces it as a tool for progressive politics and revolutionary change. He argues it is necessary to give a substantive account of both, locating them in the real struggles of the oppressed. Specifically, he locates human rights in the three great revolutions ‐ the French, the Russian and the anticolonial. However, this revolutionary heritage has been ‘degraded’ by recent events. As such, it is necessary to adopt (...) ‘revolutionary conservatism’, invoking international law’s origins against its current degradation. This review argues that, owing to international law’s indeterminacy, Bowring’s project is susceptible to imperial appropriation. This means, however, that Bowring cannot give an account of why we should use international law. It then argues that Bowring’s account of Pashukanis is wrong, and that Pashukanis’s work can better make sense of Bowring’s insights and international law more generally. (shrink)

The pre-1932 writings of Otto Kirchheimer are often described by researchers as the work of a young ‘left-Schmittian’, a radical Marxist who gave the anti-liberal critique and theoretical apparatus of his Doktorvater Carl Schmitt a new purpose for different ‘political ends’. The danger of this approach is that fundamental divisions between the societal conceptualizations of both theoreticians are ignored in lieu of apparent terminological similarity. Through the lens of economy, it is therefore the intent of this article to continue in (...) the tradition of Alfons Söllner and Frank Schale, pushing against this assumed affinity and highlighting Otto Kirchheimer’s unique defense of liberal democracy. (shrink)

Bill Bowring’s book attempts to argue for a Marxist account of international law that embraces it as a tool for progressive politics and revolutionary change. He argues it is necessary to give a substantive account of both, locating them in the real struggles of the oppressed. Specifically, he locates human rights in the three great revolutions ‐ the French, the Russian and the anticolonial. However, this revolutionary heritage has been ‘degraded’ by recent events. As such, it is necessary to adopt (...) ‘revolutionary conservatism’, invoking international law’s origins against its current degradation. This review argues that, owing to international law’s indeterminacy, Bowring’s project is susceptible to imperial appropriation. This means, however, that Bowring cannot give an account of why we should use international law. It then argues that Bowring’s account of Pashukanis is wrong, and that Pashukanis’s work can better make sense of Bowring’s insights and international law more generally. (shrink)

This article explores some of the intellectual influences which have shaped the development of Critical Legal Studies in Britain and the contexts in which these influences made themselves felt. It then considers which influences might or should steer Critical Legal Studies in the future. In terms of the past, specific attention is given to the influence of Marxism, Freud and Lacan, feminism, Foucault and Derrida, and recent genres of history-writing. As to the future, the question is asked (...) whether Critical Legal Studies will engage constructively with recent developments in the life sciences and the philosophy of science, and, more generally, whether it will be able to surpass its established mooring in the philosophy of history. (shrink)

At the beginning of 20th century, there was a problem of establishing which version of the association of Kant’s and Marx’s ideas is correct. If some Legal Marxists more or less combined Kant and Marx, most Russian Social Democrats, especially Bolsheviks, were against such an association. Under the influence of G. V. Plekhanov, Russian Marxists announced a sharply critical attitude toward Kant’s philosophy. This position was reinforced by Russian philosophers, poets, and slavophiles who accused Kant of being militarist. During (...) the World War I, both tendencies faced each other. Plekhanov’s desperate appeal to „the simple laws or morals and justice” and Kant’s “Critique of Practical Reason”, which was supported by L. I. Axelrod, failed. It was rejected by the majority of Marxists both during the World War I and after the triumph of the 1917 October Revolution. (shrink)

B a c k g r o u n d. Deng Xiaoping is considered the main architect of socialist reforms and the founder of China's modernization theory. He mastered and developed the socialist system, trying to adjust it to the national conditions of China. Deng Xiaoping believed that it was by following the course of "socialism with Chinese characteristics" that China would transform from a poor country into a highly developed one. The article provides a theoretical reconstruction of the main (...) content of Deng Xiaoping's concept of "socialism with Chinese characteristics." The main philosophical and socio-political aspects of the concept of building socialism with Chinese characteristics are presented in a systematic form in the context of the foundations of Chineseization of Marxism. M e t h o d s. In the article, a historical-logical approach was used to reveal the specified research topic, which allowed us to determine the socio-political prerequisites for the emergence of Chineseized Marxism. An interdisciplinary approach made it possible to carry out a theoretical analysis of social, economic, and political changes in modern China, which were caused by the proposed theory of Deng Xiaoping's "socialism with Chinese characteristics". Systemic, structural-functional, and constructivist methods, as well as methods of synthesis and generalization, were also applied. R e s u l t s. Because of the above, the purpose of this study was to carry out a theoretical reconstruction of Deng Xiaoping's theory of building "socialism with Chinese characteristics" and to find out how his ideas influenced the development of modern China after the completion of the "Great Leap Forward" and the "Cultural Revolution" of Mao Zedong. The key features of Deng Xiaoping's proposed theory of "socialism with Chinese characteristics" were established, including the idea of democratization of society and implementation of the legal basis of state functioning; the beginning of a new period of "reforms and openness"; determining the course for socialist modernization; following Marxism-Leninism and the ideas of Mao Zedong. C o n c l u s i o n s. In conclusion, it can be noted that the main feature of Deng Xiaoping's ideas was that they were inextricably linked with the national and cultural traditions of Chinese civilization, starting from Confucianism and the gradual synthesis with Marxist ideology. Evaluating the theory of Deng Xiaoping, it can be defined as a relatively complete scientific system that covers the fields of philosophy, political economy, and scientific socialism, it contains the doctrine of socialist ideology, and the doctrine of the essence and ways of socialist development, theories of the reform of socialist political and economic systems, the theory of building a socialist country. (shrink)

In the intellectual confusion prevailing since the demise of Marxism and “marxism”, the attempt is made to define democracy as a matter of pure procedure, explicitly avoiding and condemning any reference to substantive objectives. It can easily be shown, however, that the idea of a purely procedural “democracy” is incoherent and self-contradictory. No legal system whatsoever and no government can exist in the absence of substantive conditions which cannot be left to chance or to the workings of (...) the “market” but must be posited as objectives of political activity. The confusion results from a deficient understanding of what makes a society and an empty idea of “freedom”. The objective of politics is not happiness, an affair to be left to the individuals, but it certainly is liberty understood as participation in the governance of the polity; it is also the pursuit of the common good, defined as the sum of the prerequisites and facilitations of individual autonomy depending on collective action, and as the realization of commonly agreed collective goals. (shrink)

Milestones was a manifesto of rightwing, anti-revolutionary liberalism, according to which the political events of 1905 should have officially concluded the intelligentsia’s battle against autocracy and inaugurated the intelligentsia’s cooperation with Russia’s “historical rulers” to turn the country into an economically and culturally strong “state of law.” All the Milestones ’ authors agreed that Russia’s intellectual history was not identical with the traditions of the radical intelligentsia, and that there was need for a new intellectual canon focused on religious thought (...) and efforts to define the Russian national identity. (shrink)

Hegel’s Philosophy of Law deals in theLaw section of the categories: person, property and contract. Research critically reconstructs this theory from a Marxist perspective. In the concept of person, first of all, the singular will is reduced to a solipsist will unrelated to intersubjectivity. Then, the concept of Hegelian property bases the private appropriation of property as the externalization of the singular will. This legal property guarantees the maintenance and reproduction of private property, that is, it will guarantee the (...) private accumulation of capital, Marx will say. Anyway, the theory of the contract would link the autonomy of the contracting wills, however, it is a mere appearance, because, in fact, the owners’ wills are under the domination of the capitalist market, as it is explained in Marx’s Capital. The theoretical deficit of Hegel’s Philosophy of Law in general is that the legal concepts of person and property correspond to the abstract will. Hegel describes the juridical description of the legal system of the modern state as the development of free will that legitimizes the asymmetry of civil society in its socioeconomic inequalities. (shrink)

This article employs a consideration of Peter Fitzpatrick’s early work in Papua New Guinea to reflect on legal and social developments in the country since his residence there during the independence period. In particular, Fitzpatrick’s concerns about the emergence of a Papua New Guinean bourgeois legality that would shape the postcolony are shown to have been prescient in some respects, and also to have had other outcomes unanticipated by the Marxist legal and anthropological imagination of the 1970s. Finally, (...) I use examples from the heterogeneous lawscape of Papua New Guinean cities to illustrate how the ‘true people’s law’ envisioned by Fitzpatrick is in the process of emerging in spaces outside of formal legislative or court processes. (shrink)