State Derivation Debate
The State and Legal Forms
Abstract
This work analyzes the link between State, capital and legal forms. In the first place, it recovers one of the aspects of the Marxist theory of the State, which is addressed in the derivation debate. Secondly, and based on this theory, we move on into Pashukanis’ theory of the link between commodity and legal forms. Finally, we justify the perspective of the capitalist state on which this work is based, that is, the one that takes it as the political representative of the society’s total capital. The general aim of our work is to extend Pashukanis' analysis of commodities to the level of abstraction of capital. In particular, we intend to show that the determinations that make the commodity-producing labour alienated are reproduced in the case of capital. This results in the necessarily juridical form that takes the state's representation of the total capital of society
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