Theory and method reconsidered
A Marxist analysis of Trespass law
Bibliographic Data
| ID | 2160330 |
|---|---|
| Authors | Peter Vincent-Jones, Peter Vincent‐jone (corresponding author) |
| Year | 1987 |
| Volume | 16 |
| Issue | 1 |
| Pages | 75-119 |
| Publication date | 1987-02-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Economy and Society (JOURNAL) |
| Journal identifiers | ISSN: 0308-5147 • E-ISSN: 1469-5766 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/03085148700000008 |
| OpenAlex | W2120982917 |
| Language | EN |
| References cited | 11 |
Law governing agents' possession of and separation from land is given as an object of study by struggles over land possession in the conjuncture involving squatting, factory occupations, and public protests and gatherings infringing private property rights. Marx's mature method, incorporating a concrete → abstract → concrete logical trajectory, can be adapted and developed in relation to law so as to enable the successful concrete analysis of this object. The point of departure is the simplest and most irreducible expression of Trespass in concrete social practice: the right to exclude the world from interference with possession of land. The concrete particular is analyzed through abstraction, which further accompanies the movement from simple to ever more complex aspects of the object until the concrete totality of law securing the conditions of land occupation and conrol in the capitalist formation is completely revealed and explained. The basic social function of Trespass law, in its embodiment of exclusive private property right, is to guarantee the conditions of exclusive possession and control under capitalism; this area of law ultimately providing the means by which the legal and socio-economic crisis of the 1970s could be resolved to the advantage of the greater possessors, at the expense of lesser possessory inteests
Adverse possession · Bundle of rights · Capitalism · Fundamental rights · Human rights · Land law · Land tenure · Law and economics · Marxist philosophy · Object (grammar · Political science · Politics · Possession (linguistics · Property law · Property rights · Right to property · Sociology · Trespass · Agriculture, Land Use, Rural Development · Political Economy and Marxism · History · Law · Philosophy
Policing the Crisis
On Law and Ideology
Mode of Production and Social Formation
The concrete and the abstract in Marx's method—a reply to Terrell Carver
Private Property and Public Order
Whigs and Hunters
Whigs and Hunters
The Making of Marx's Capital Volume 2
Critique of Marx's 1857 Introduction
Remarks on the theoretical significance of Marx's Grundrisse
| Citation velocity | historical |
|---|---|
| Highly cited | No |