CRIME AND LAW AFTER SOVIET REVOLUTION. THE CASE OF PASHUKANIS
ABSTRACT - Evgeny Pashukanis was an imaginative Marxist, the most imaginative to appear among Soviet scientists of law immediately after the October Revolution. For Westerners Pashukanis works have a fascination, because they trace the evolution of his thought as he tried to bring to bear his sense of what was needed programmatically upon the doctrines as he understood them. In the present we outline the importance of a question confronted but unanswered in Pashukanis’ project (and unaddressed, in our time). How, precisely, are we to understand the historical configuration of state and law in social formations where capitalist property has been abolished but where communism has by no means yet been achieved? How are we to resolve the apparent paradox that the legal practices of most, if not all, social formations dominated by the political rule of the proletariat have included the form, and very often the content, of the legal rules typically associated with capitalist models of production?
Keywords: crime, law, commodity, exchange