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Commodity Form Theory
Commodity form theory is a theory of jurisprudence advanced by the Soviet legal theorist Evgeny Pashukanis. The theory argues that the legal form is the parallel of the commodity form under capitalist society. All law is concerned with the process of the exchanging of commodities between subjects who act as the "guardians" of commodities and are created by law in order to enable the commodity production form of society to function. The theory can be explained as based on two premises, logical and historical. The logical premise "Every legal relation" proclaims Pashukanis, "is a relation between subjects". Pashukanis' conceptual account of law begins with the idea of a responsible agent - what he calls "the legal subject". Property, says Pashukanis, is the basis of the legal form, but only capitalist property that can be disposed of in the market. The subject in law is the expression of the freedom of property, that is, the freedom to alienate property. Thus the key to understandi ...
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Jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning and analogy, legal systems, legal institutions, and the proper application of law, the economic analysis of law and the role of law in society. Modern jurisprudence began in the 18th century and it was based on the first principles of natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists.Shi ...
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Soviet Union
The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen national republics; in practice, both its government and its economy were highly centralized until its final years. It was a one-party state governed by the Communist Party of the Soviet Union, with the city of Moscow serving as its capital as well as that of its largest and most populous republic: the Russian SFSR. Other major cities included Leningrad (Russian SFSR), Kiev (Ukrainian SSR), Minsk ( Byelorussian SSR), Tashkent (Uzbek SSR), Alma-Ata (Kazakh SSR), and Novosibirsk (Russian SFSR). It was the largest country in the world, covering over and spanning eleven time zones. The country's roots lay in the October Revolution of 1917, when the Bolsheviks, under the leadership of Vladimir Lenin, overthrew the Russian Provisional Government ...
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Evgeny Pashukanis
Evgeny Bronislavovich Pashukanis (Russian: Евгений Брониславович Пашуканис; 23 February 1891 – 4 September 1937) was a Soviet legal scholar, best known for his work ''The General Theory of Law and Marxism''. Early life and October Revolution Pashukanis was born in Staritsa, in the Tver Governorate in the Russian Empire. The Pashukanis family was of Lithuanian background; he was a cousin of the publisher, Vikentiy Pashukanis. Influenced by his family, particularly his uncle, he joined the Russian Social Democratic Workers' Party (RSLDP) in Saint Petersburg at the age of 17. In 1909, he started studying jurisprudence in Saint Petersburg. As a result of his socialist activism, the Czarist police threatened Pashukanis with banishment, so he left Russia for Germany in 1910. He continued his studies in Munich. During World War I, he returned to his native Russia. In 1914, he helped draft the RSLDP resolution opposing the war. Following the 1917 October R ...
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Capitalism
Capitalism is an economic system based on the private ownership of the means of production and their operation for Profit (economics), profit. Central characteristics of capitalism include capital accumulation, competitive markets, price system, private property, Property rights (economics), property rights recognition, voluntary exchange, and wage labor. In a market economy, decision-making and investments are determined by owners of wealth, property, or ability to maneuver capital or production ability in Capital market, capital and financial markets—whereas prices and the distribution of goods and services are mainly determined by competition in goods and services markets. Economists, historians, political economists and sociologists have adopted different perspectives in their analyses of capitalism and have recognized various forms of it in practice. These include ''Laissez-faire capitalism, laissez-faire'' or free-market capitalism, anarcho-capitalism, state capi ...
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Property
Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, redefine, rent, mortgage, pawn, sell, exchange, transfer, give away or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it under the granted property rights. In economics and political economy, there are three broad forms of property: private property, public property, and collective property (also called cooperative property). Property that jointly belongs to more than one party may be possessed or controlled thereby in very similar or very distinct ways, whether simply or complexly, whether equally or unequally. However, there is an expectation that each party's will (rather discretion) with rega ...
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Market (economics)
In economics, a market is a composition of systems, institutions, procedures, social relations or infrastructures whereby parties engage in exchange. While parties may exchange goods and services by barter, most markets rely on sellers offering their goods or services (including labour power) to buyers in exchange for money. It can be said that a market is the process by which the prices of goods and services are established. Markets facilitate trade and enable the distribution and allocation of resources in a society. Markets allow any tradeable item to be evaluated and priced. A market emerges more or less spontaneously or may be constructed deliberately by human interaction in order to enable the exchange of rights (cf. ownership) of services and goods. Markets generally supplant gift economies and are often held in place through rules and customs, such as a booth fee, competitive pricing, and source of goods for sale (local produce or stock registration). Markets can dif ...
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Karl Marx
Karl Heinrich Marx (; 5 May 1818 – 14 March 1883) was a German philosopher, economist, historian, sociologist, political theorist, journalist, critic of political economy, and socialist revolutionary. His best-known titles are the 1848 pamphlet ''The Communist Manifesto'' and the four-volume (1867–1883). Marx's political and philosophical thought had enormous influence on subsequent intellectual, economic, and political history. His name has been used as an adjective, a noun, and a school of social theory. Born in Trier, Germany, Marx studied law and philosophy at the universities of Bonn and Berlin. He married German theatre critic and political activist Jenny von Westphalen in 1843. Due to his political publications, Marx became stateless and lived in exile with his wife and children in London for decades, where he continued to develop his thought in collaboration with German philosopher Friedrich Engels and publish his writings, researching in the British Mus ...
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Commodity Fetishism
In Marxist philosophy, the term commodity fetishism describes the economic relationships of production and exchange as being social relationships that exist among things (money and merchandise) and not as relationships that exist among people. As a form of reification, commodity fetishism presents economic value as inherent to the commodities, and not as arising from the workforce, from the human relations that produced the commodity, the goods and the services. In the first chapter of '' Capital: Critique of Political Economy'' (1867) commodity fetishism explicates that the social organization of labour occurs through the buying and selling of commodities (goods and services); therefore, in the marketplace, capitalist social relations among people—who makes what, who works for whom, the production-time for a commodity, etc.—are social relations among ''objects'', not among individual persons. At market, the commodities appear in a depersonalized form, as material goods ...
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Communist Theory
Communism (from Latin la, communis, lit=common, universal, label=none) is a far-left sociopolitical, philosophical, and economic ideology and current within the socialist movement whose goal is the establishment of a communist society, a socioeconomic order centered around common ownership of the means of production, distribution, and exchange which allocates products to everyone in the society.: "One widespread distinction was that socialism socialised production only while communism socialised production and consumption." Communist society also involves the absence of private property, social classes, money, and the state. Communists often seek a voluntary state of self-governance, but disagree on the means to this end. This reflects a distinction between a more libertarian approach of communization, revolutionary spontaneity, and workers' self-management, and a more vanguardist or communist party-driven approach through the development of a constitutional socialist state f ...
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