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Andreas Harms & Joseph Fracchia

In: The SAGE Handbook of Frankfurt School Critical Theory

Chapter 51: Commodity Form and the Form of Law

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Commodity Form and the Form of Law
Commodity Form and the Form of Law
Andreas Harms Joseph Fracchia
Introduction

The critical theory of the Frankfurt School contains a critique of right and law in capitalist societies. This critique was intermittently connected with Marxist theories of law and Marxist critiques of the law. Eugen Pashukanis’s General Theory of Law, which first appeared in Russian in 1924, was of particular importance for the development of a critical theory of law. This is true both for the beginnings of critical theory and also for the critical theory of the 1960s and 1970s. In his General Theory of Law, Pashukanis derives the form of bourgeois law from the commodity form. He sees the form ...

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