Marxism and the political economy of law

Christodoulidis, E. and Goldoni, M. (2019) Marxism and the political economy of law. In: Christodoulidis, E., Dukes, R. and Goldoni, M. (eds.) Research Handbook in Critical Legal Theory. Series: Research handbooks in legal theory. Edward Elgar: Cheltenham, pp. 95-113. ISBN 9781786438881 (doi:10.4337/9781786438898.00013)

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Abstract

The chapter selectively reconstructs the prevalent views on Marxism and the political economy of law with the aim of showing that, despite a number of shortcomings, the Marxist tradition still represents an important contribution to critical thinking. Indeed, the main concern of the chapter is to show that a Marxian approach to the critique of the political economy does not need to collapse law into a deterministic relation with its economic base. In light of this concern, the chapter first tries to vindicate Marxian legal thought against some of the main critiques put forward by legal theorists (especially Kelsen and Schmitt) and then highlights the most important developments in Marxian scholarship during the second half of the twentieth century. The conclusion states the importance of an analysis driven by a core element of a materialist approach to the political economy of law, that is, class struggle, without reducing the latter to its economic determination.

Item Type:Book Sections
Status:Published
Glasgow Author(s) Enlighten ID:Goldoni, Dr Marco and Christodoulidis, Professor Emilios
Authors: Christodoulidis, E., and Goldoni, M.
College/School:College of Social Sciences > School of Law
Publisher:Edward Elgar
ISBN:9781786438881
Published Online:30 August 2019

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