By Evgenii Bronislavovich Pashukanis
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Extra resources for Pashukanis: Selected Writings on Marxism & Law (Law, State, and Society Series)
Pp. 253, 250. 39 P. I. Stuchka, "Dvenadtsat' let revoliutsii gosudarstva i prava", in P. 1. Stuchka, 13 let ... (1931), op. cit. p. 189. 40 "Revolution from Above" and the Struggle on the Legal Front Despite growing criticism of Pashukanis' theory the impact of his commodity exchange school of law on the withering away process began to become apparent in the late 1920s. Pashukanis and his colleagues assiduously devoted themselves to bringing about the realization of his prediction that private law and the legal state would gradually begin to wither away upon the elimination of the institutions of private property and the market.
67. 16 PASHUKANIS: SELECTED WRITINGS predominance. His annual intellectual ouput in books, articles, essays, doklady, reviews and reports was prodigious. Along with Stuchka, Pashukanis dominated the scholarly activity of the Section. R. Council of People's Commissars. During this period Pashukanis began to assume additional positions and editorships. He became Deputy Chairman of the Presidium of the Communist Academy, and a co-editor of Vestnik kommunisticheskoi akademii, the major Marxist social science journal.
But although feudal and bourgeois law may have a common form, their content and class nature is essentially different. Feudal law is based on the will of the simple commodity owner, while bourgeois law is based on the will of the capitalist commodity owner. This is a most important concession because, although Pashukanis will not yet admit the primacy of production relations within historical materialism, it allows him to posit the existence of what he refers to as "Soviet law, corresponding to a lower level of development than that which Marx envisioned in The Critique of the Gotha Programme ...
Pashukanis: Selected Writings on Marxism & Law (Law, State, and Society Series) by Evgenii Bronislavovich Pashukanis