Cerroni explains: "In 1912, Reisner gives this definition of law: it is an ideology that ‘relies, within our consciousness, mainly on the concept of truth, justice and equality in the distribution and equalization of men and things" ( Cerroni, 1976, p.51).’ Thus, instead of placing its analysis in the relatively abstract context of the relations between infrastructure and superstructure, understanding law as a mere ideological expression 3 3Īs does, for example, Reisner. As far as I can judge from the comments, this idea, notwithstanding occasional reservations, was recognized in its foundations as accurate and fruitful "( PACHUKANIS, 2017, p.60 2003, p. Stutchka has quite well defined my approach to the general theory of law as 'an attempt to approximate the form of law to the form of the commodity'. In the preface to the 2nd edition, Pachukanis notes: "Comrade P. This characteristic can be detected, evidently, already in the essential nucleus of his thought, which consists in the original approximation between the form of law and the form of the commodity. It is not by chance that Pachukanis is perhaps the first Marxist scholar to work on the basis of the 1857 Introduction, a text by Marx that for a long time stood aside in the tradition of Marxist exegesis"( CERRONI 1976, 65, my emphasis). The first refers to a sharper accentuation of the objective (extraconsciential) character of the whole juridical problematics (.) The second element concerns a greater methodological acumen, which is inserted in a deeper philosophical culture and a very penetrating meditation on the method of Capital.
1 1Ĭerroni compares Pachukanis' work to that of Stutchka in the following terms: "But two elements at least, profoundly differentiate his perspective from that of Stutchka. One of the great merits of Pachukanis, recognized by almost all of those who have gone into General theory of law and Marxism, is the methodological rigor with which he proceeded the critical analysis of the main categories that form the general theory of law. “Although this is no more than a mere repetition of the production process on the same scale, this mere repetition or continuity imprints upon the process certain new characteristics or, rather, dissolves the apparent characteristics which it exhibited when it proceeded in isolation.”
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