Marginal notes on Pashukanis and the legal issue

Abstract

In the present work we intend to approach the work of the renowned Soviet author Evgeny Pashukanis, from the perspective of historical materialism and the methodology of materialist dialectics. Knowing that the connection between Pashukanis and a critical vision of law is innovative, the intention of originality lies in analyzing the current relevance of his fundamental text, Theory of Law and Marxism, in light of the hundred years since its publication. The systemic crisis in which we find ourselves, not only in terms of law, but also economically, socially, institutionally and ideologically, demands a reevaluation of contemporary law and its actions in the face of recent events. Returning to Pashukanis's proposal would allow us to leave behind the univocist pretensions of legal positivism, the systems approach, principlist post-positivism, and the decisionist, institutionalist and legalist tendencies, as well as the relativist positions of postmodernity, to affirm the classist position of its Marxist interpretation, and thus be in a position to theoretically and practically question the misery of capitalism and the juridical pretensions of bourgeois law.