Ukrainian Law Blog
Freedom means the supremacy of human rights everywhere
Tuesday, December 12, 2017
Evgeny Pashukanis: Commodity-Form Theory of Law
Whether one believes that law is provided by God (Natural Law), is created by human intellect (Positivism), a gendered institution perpetuating patriarchy (Feminism) or the maintainer of the status quo against marginalised groups (Critical Legal Studies), undergirding those beliefs is the assumption that law is autonomous. In its autonomy, law operates as an impartial arbiter of “right”. Law sustains society through universal regulation. Law is considered autonomous because it is considered to have a “mind / logic” of its own. However, for Pashukanis and Commodity-Form Theorists such as Isaac D. Balbus and China Miéville law is slaves for Capitalism.
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