Production modes and legal form: Pachukanis and the supposed character right capitalist
I examine in this article the thesis of the capitalist nature of law, arguing that, contrary to what is usually affirmed in Brazilian literature, the commodity law form, as well as the commodity form itself and as capital, exist, in a contained way, in the pre-capitalist modes of production. This is...
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| Format: | Online |
| Language: | Portuguese |
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Universidade Estadual de Campinas. Instituto de Filosofia e Ciências Humanas
2024
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| Online Access: | https://econtents.sbu.unicamp.br/inpec/index.php/cma/article/view/19906 |
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| Summary: | I examine in this article the thesis of the capitalist nature of law, arguing that, contrary to what is usually affirmed in Brazilian literature, the commodity law form, as well as the commodity form itself and as capital, exist, in a contained way, in the pre-capitalist modes of production. This is due to the link betweenthe commodity law form and the commodity form, discovered by Pashukanis. This pre-capitalist law, I argue, is and is not the same as capitalist law; it is and is not the denial of privilege. With the transition to capitalism, there is a qualitative change in the nature of law, which reaches its full historical determination. |
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| ISSN: | 0104-9321 |
