Legal Forms Research Papers - Academia.edu (original) (raw)

by Oswaldo Akamine Jr., Flávio Roberto Batista, Pablo Biondi, Carolina de Roig Catini, Carlo Di Mascio, Gabriel Martins Furquim, Celso Naoto Kashiura Jr., Márcio Bilharinho Naves
Pashukanis brought about an epistemological revolution within the jurisdictional field, for so long impenetrable to science, which continues to produce effects of knowledge and political effects. He was the one who identified, in the form of the juridical subject, the essential nucleus whose analysis has revealed its intrinsic link to capitalist forms of exploitation and oppression. From this angle, he was the only jurist capable of analyzing the law in the light of the method that Marx employed in his critique of political economy. By identifying the way in which subjectivity is structured under capital, Pashukanis was able to grasp the historical specificity of the form of the juridical subject, hence, the “essential difference” - as Marx said - which discriminates law as a social relationship, from social relationships in general.
This book has a dual purpose. On one hand, to allow direct consultation to the main concepts of Pashukanis' theory of law, supplying tools to learn a specific aspect of it; on the other, due to the complex intertwining of its theoretical field - and the inevitable redundancies resulting from it - to serve as a reliable introduction to the Russian jurist’ thought. Two unpublished texts by Pashukanis in Portuguese were also added. Thus, we hope that, with this Léxico, all the complexity and rigor of Pashukanis thinking can be more accessible to all those who wish to dispel the “illusion of jurisprudence”.