CAPITAL, LAW AND ECONOMY. FROM PASHUKANIS’ MARXIST THEORY OF LAW TO THE CAPITAL OF MARX

Abstract

This paper is involved in the theoretical debates about law in the early years of the Russian Revolution and presents a critical analysis of General Theory of Law and Marxism, the famous work of Evgeny Pashukanis, one of the greatest legal exponents of that process historical. From the theoretical analysis, systematically developed within the framework of a seminar on the subject, this work tries to rescue the main contributions of the work of Pashukanis, both to the Marxist and juridical debate, and to make a critique of its conception of the relationship between law and economy, seeking to recover Marx's Capital by linking the movement of capital with legal forms. It also contains a brief overview of the significance of the Russian Revolution as a historical process and the figure of Pashukanis in the framework of major debates on the role of law in a proletarian State, and the link between its developments and those of Marx and Engels. The purpose will be to account for the valuable effort of the Russian jurist to build a theory of law on the basis of historical materialism, as well as the need for a critical reading of his work.