The Bourgeois State
The capitalist state is the first in human history with no direct access to the material product of labour. The subordination of social relations to the capitalist state is characterised by impersonal or abstract forms of dependency in terms of law and money. Within the framework of bourgeois freedom, “individual” freedom is the freedom of contract between equals regardless of their inequality in property. The law in its abstract majestic form treats poor and rich as equals. It treats the owners of the means of production and the free labourer as identical subjects, as legal subjects. The law is blind to privileges. It is a law of equality. Contractual relations represent the form in which, according to law, freedom obtains in the form of a legally bound recognition of private individuals in their relation to one another. The contract is the juridical form of freedom—the master of the contract is the state. Neither does the law “announce” itself as if it were a force in its own right. Nor does the law “enforce” itself. The law requires the maker of the law to fill it with material force, that is to implement it indiscriminately, imposing upon social relations the abstract quality of their existence as personifications of formal equality. The capitalist state rests on the social constitution of these rights and protects them through the regulation of law and money. This, then, is the subordination of social relations to the law of private property, that is equality, freedom and Bentham. The treatment of all as equals before the law characterises the form of the state as an “illusory community” (cf. Marx and Engels, 1962). It treats the real existing individual as constituted “character-masks” or “personifications” (on this: Marx, 1983), and espouses the interest that is common to all character-masks: their universal existence for each other as a resource, as a utility.
– Werner Bonefeld, The Capitalist State: Illusion and Critique