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Subjectivation and Cohesion
Towards the Reconstruction of a Materialist Theory of Law
Series: - Historical Materialism Book Series, Volume: 214
Author:
On the basis of a reconstruction of legal theory in the tradition of Marx â a current that has been more or less silenced since the end of the 1970s â Subjectivation and Cohesion develops a critical counter-pole to the theories of law that predominate in social theory today.
To this end, the works of Franz Neumann, Otto Kirchheimer, Evgeny Pashukanis, Oskar Negt, Isaac D. Balbus, the so-called 'State-derivation School', Antonio Gramsci, Nicos Poulantzas and Michel Foucault are first analysed for their strengths and weaknesses, and then combined to form a new construction: a materialist legal theory that is up to date and can avoid the shortcomings of existing theories â above all their disregard for gender relations and the reductive consequences of functionalist, economic or politicist approaches to law. This book was originally published in German as Subjektivierung und Kohäsion. Zur Rekonstruktion einer materialistischen Theorie des Rechts, by Velbrück Wissenschaft, 2007, ISBN 978-3-938808-29-0.
To this end, the works of Franz Neumann, Otto Kirchheimer, Evgeny Pashukanis, Oskar Negt, Isaac D. Balbus, the so-called 'State-derivation School', Antonio Gramsci, Nicos Poulantzas and Michel Foucault are first analysed for their strengths and weaknesses, and then combined to form a new construction: a materialist legal theory that is up to date and can avoid the shortcomings of existing theories â above all their disregard for gender relations and the reductive consequences of functionalist, economic or politicist approaches to law. This book was originally published in German as Subjektivierung und Kohäsion. Zur Rekonstruktion einer materialistischen Theorie des Rechts, by Velbrück Wissenschaft, 2007, ISBN 978-3-938808-29-0.
Sonja Buckel, Ph.D. (1969), Kassel University, is Professor of Political Theory and chair of the Association for Critical Social Research (AkG). She is a lawyer and political scientist and has published on legal theory, European migration policy and critical social theory.
"The book is rich with conceptual insights and deftly assesses important debates about law that have often eluded mainstream Anglo-American legal theorists, whose primary focal point has been the longstanding dispute between legal naturalists and positivists. Buckelâs careful study crosses geographical and disciplinary boundaries by contextualizing Marxist debates about law with the broader aim of laying the groundwork for a materialist theory of law. [...] Subjectivation and Cohesion is a well-researched and original contribution to the latest renaissance of Marxist scholarship in law and politics."
-- Igor Shoikhedbrod, in New Political Science, 23 October 2021
-- Igor Shoikhedbrod, in New Political Science, 23 October 2021
Preface to the English Edition
Preface
Introduction
1 Introduction to Part 1
2 The Self-reproduction of the Legal System: Luhmann/Teubner
â1âNiklas Luhmann: Law as a System
â2âGunther Teubner: the Hypercycle of Law
â3âCritique
3 Social Self-organisation: Habermas
â1âMoney, Power, Solidarity
â2âThe System of Rights
â3âCritique
4 The End and the Beginning
5 Introduction to Part 2
6 Foundations: The 1920s and 30s
â1âThe Constitutional Theories of Neumann and Kirchheimer
â2âEvgeny Pashukanis
7 Renaissance and Crisis of Marxism Since the 1970s
â1âThe Tradition of the Legal Form Analysis
â2âThe Franco-Italian Theory Strand
8 Introduction to Part 3
9 Extended Relationships of Forces
â1âTotality
â2âRelational Rights and Powers
10 Subjectivation
11 Hegemony
â1âHegemonic Government
â2âRoutine Repetition
12 The Legal Form
â1âSociety â a Precarious Hegemonic Project
â2âThe Concept of Form
13 The Institutionalisation of the Legal Form
â1âInstitutions â a Lower Level of Abstraction
â2âOn the Relationship of Law and State
14 Introduction to Part 4
15 The Emancipatory Potential of Law
â1âFormal Recognition
â2âA Technology of Knowledge
â3âDeferral of Power
16 The Extension of Democracy
â1âLeaving the Juridical Concept of Democracy
â2âA Counter-Hegemonic Democratic Project
â3âThe Democratisation of the Law
Bibliography
Index
Preface
Introduction
Part 1 A Self-reproduction or Self-organisation?
1 Introduction to Part 1
2 The Self-reproduction of the Legal System: Luhmann/Teubner
â1âNiklas Luhmann: Law as a System
â2âGunther Teubner: the Hypercycle of Law
â3âCritique
3 Social Self-organisation: Habermas
â1âMoney, Power, Solidarity
â2âThe System of Rights
â3âCritique
4 The End and the Beginning
Part 2 ReConstructing Materialist Legal Theory
5 Introduction to Part 2
6 Foundations: The 1920s and 30s
â1âThe Constitutional Theories of Neumann and Kirchheimer
â2âEvgeny Pashukanis
7 Renaissance and Crisis of Marxism Since the 1970s
â1âThe Tradition of the Legal Form Analysis
â2âThe Franco-Italian Theory Strand
Part 3 Reconstruction: Subjectivation and Cohesion
8 Introduction to Part 3
9 Extended Relationships of Forces
â1âTotality
â2âRelational Rights and Powers
10 Subjectivation
11 Hegemony
â1âHegemonic Government
â2âRoutine Repetition
12 The Legal Form
â1âSociety â a Precarious Hegemonic Project
â2âThe Concept of Form
13 The Institutionalisation of the Legal Form
â1âInstitutions â a Lower Level of Abstraction
â2âOn the Relationship of Law and State
Part 4 Self-government
14 Introduction to Part 4
15 The Emancipatory Potential of Law
â1âFormal Recognition
â2âA Technology of Knowledge
â3âDeferral of Power
16 The Extension of Democracy
â1âLeaving the Juridical Concept of Democracy
â2âA Counter-Hegemonic Democratic Project
â3âThe Democratisation of the Law
Bibliography
Index
Scholars, students, practitioners of law and social sciences interested in critical legal studies and materialist social theory.