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Democracy and the Rule of Law (Paperback)
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Democracy and the Rule of Law (Paperback)
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In this groundbreaking work, Professor Robert Fine explores afresh
the relationship between jurisprudence, Marx and Marxism. In the
first section, he examines the tradition of the modern natural
right theory that precedes Marx and informed his writings,
demonstrating the jurisprudence is as important as political
economy in understanding Marx's works. Here he focuses on the
theories of right in Hobbes, Rousseau, Smith and Hegel. In the
second section, he reconstructs the critique of classic
jurisprudence in the early Marx, how this developed in his
political writings, and the connection between the analysis of
economic and legal forms in his mature writings. Fine reconstructs
the legal form of right, law and state based on Marx's analysis of
the economic forms of value, money and capital. In the third
section, Fine addresses strategic ways in which Marx's critique of
the legal form has been received in contemporary social theory: as
'law-from-below' according to the Marxist humanist, Edward
Thompson; as 'the withering away of law' according to the
Bolshevik, Evgeni Pashukanis; and as 'historical anachronism,'
according to post-structuralist, Michel Foucault. Originally
published in 1984, this book contains a new preface relating the
original text to current political and intellectual debates.
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