The Abolition of Law or Law of the Common(s)
Bibliographic Data
| ID | 4440764 |
|---|---|
| Authors | Giso Amendola, N Dines (0000-0002-3072-0944) |
| Year | 2017 |
| Volume | 116 |
| Issue | 4 |
| Pages | 707-725 |
| Publication date | 2017-10-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | South Atlantic Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 0038-2876 • E-ISSN: 1527-8026 |
| Publisher | Duke University Press (PUBLISHER • US) |
| DOI | 10.1215/00382876-4234961 |
| OpenAlex | W2790160045 |
| Language | EN |
| Citations received | 1 |
| References cited | 5 |
In the struggles against neoliberalism, it is difficult to reconcile the language of instituent practices and the language of revolution, the transformation of the present in its totality. This difficult link also raises the problem of law. The production of commons is interpreted as a source of an alternative legality (the law of the commons). But can law be appropriated and used as part of a more general project of radical transformation? What is the relationship between the law of the commons and Revolution? To think of these problematic issues one can revaluate the question of abolition of law in the analysis of the Soviet legal scholar Evgeny Pashukanis, whose legal theory precisely focuses on the relationship between legal form, transition, abolition of law, and communism. According to Pashukanis, law is only bourgeois law: the revolution is the process of abolition of law. But abolition of law can be presented both as a progressive erosion of legal form and as an antagonistic terrain crossed by class subjectivities. Consequently, the relationship between the law of the commons and the abolition of law can be presented as an open, dualistic dynamic between two aspects of revolutionary transformation
Black letter law · Bourgeoisie · Chinese law · Civil law (Civil law) · Communism · Comparative law · Municipal law · Philosophy of law · Political science · Politics · Positive law · Principle of legality · Private law · Public law · Sociology · Sources of law · Law · Political Economy and Marxism
| Unique citing works | 1 |
|---|---|
| Citations per year | 0,14 |
| Citation span | 2019 - 2019 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |