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Tag: law

In Defense of Looting (2014)

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Minneapolis 2020

by Vicky Osterweil (The New Inquiry, 2014)

[Read the book: In Defense of Looting, 2020]

For most of America’s history, one of the most righteous anti-white supremacist tactics available was looting.

As protests in Ferguson continued unabated one week after the police killing of Michael Brown, Jr., zones of Twitter and the left media predominantly sympathetic to the protesters began angrily criticizing looters. Some claimed that white protesters were the ones doing all of the looting and property destruction, while others worried about the stereotypical and damaging media representation that would emerge. It also seems that there were as many protesters (if not more) in the streets of Ferguson working to prevent looting as there were people going about it. While I disagree with this tactic, I understand that they acted out of care for the struggle, and I want to honor all the brave and inspiring actions they’ve taken over the last weeks.

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Expropriation of the Expropriators

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by Jacob Blumenfeld APRIL 30, 2020  Legal Form – Marxist Analysis of law

Throughout his work, Marx is very clear about how to overcome capitalism. [1] There is, in fact, one simple trick, although it is not easy, and how one goes about doing it determines everything. I am not referring to the self-emancipation of the working class or the self-abolition of the proletariat. These classic revolutionary formulas name the agent of revolution (the working class or the proletariat) and the aim of revolution (emancipated from wage-labour or abolished as a class), but they do not describe the content of revolution. Instead, I want to talk about a single phrase that Marx repeats at key points in his work, something more banal, more concrete. That is, the expropriation of the expropriators. At the end of the first volume of Capital, while describing the historical tendency of capitalist accumulation, Marx writes:

The centralization of the means of production and socialization of labour reach a point at which they become incompatible with their capitalist integument. This integument is burst asunder. The knell of capitalist private property sounds. The expropriators are expropriated. [2]

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No Bases, No Superstructures: Against Legal Economism

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Nate Holdren and Rob Hunter on rethinking the “base/superstructure” model.

via Legal Form

[Several recent posts on Legal Form have tackled the “base/superstructure” model sketched in Marx’s A Contribution to the Critique of Political Economy, posing questions about its analytical usefulness, correct interpretation, and ongoing relevance. For these earlier posts, authored by Anandha Krishna Raj, Nate Holdren, and Matthew Dimick respectively, see herehere, and here. The present post responds to and builds upon these earlier posts.]

Three Different Accounts of the Relationship Between State and Civil Society

Capitalist society subordinates human flourishing and freedom to the accumulation of value. This proposition is central to Marx’s critique of political economy. Historically, critics of Marx have taken this view to mean that he is a fundamentally economic thinker, portraying his critique as merely economic, and thus necessarily inadequate or distorted. This criticism has motivated a number of attempts to theorize the relationship between economic relations and other social relations. Such attempts are premised on the recognition that the sum of economic relations is not simply the prime mover of every other social relation. Law, the state, culture and subculture, religion, gender, sexuality, and more all have specificities forged through concrete histories of struggle, just like (and in close connection with) economic relations.

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Editor’s Introduction to Pashukanis

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A Contrary Little Quail

Editor’s Introduction to Evgeny B. Pashukanus’ The General Theory of Law and Marxism (1924)

by Christopher J. Arthur (1978)

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Evgeny Bronislavovich Pashukanis published his important contribution towards the materialist critique of legal forms in 1924. It remains to this day the most significant Marxist work on the subject. Indeed, such has been the paucity of original work this area that in Britain the standard reference work is even older: Karl Renner’s book on The Social Functions of Law – a product of the Marxism of the Second International. Needless to say, Pashukanis subjects Renner’s theories to severe criticism.

The present revival of interest in the theories of Pashukanis forms part of the current renaissance of Marxist debate. More particularly, it is part of a process of recovery of the heritage of Bolshevik thought repressed by the Stalinist bureaucracy and its international supporters; for example – in the field of…

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Legal Form: The Marxist Analysis of Law

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Legal Form – This collection of documents contains texts that (a) are widely recognized as “canonical” within the Marxist tradition, (b) grapple with legal questions from a standpoint informed by Marxist methods, (c) scrutinize a specifically Marxist approach to law in the context of a particular debate, and/or (d) examine the historical conditions under which a given account of Marxism and law was initially discussed. Some are exceedingly well known; others remain unread, or are largely forgotten. Save for the most relevant or “authoritative” figures, we have generally endeavored to include no more than one text for each author.

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Gillian Rose (1947-1995)

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The Melancholy Science An Introduction to the Thought of Theodor W. Adorno

Hegel Contra Sociology

Dialectic of Nihilism: Post-Structuralism and Law

Judaism and Modernity

Love’s Work

Mourning Becomes the Law: Philosophy And Representation

Hegel’s Phenomenology of Spirit: A Reappraisal (ed. Browning)

Gillian Rose died on the evening of 9 December 1995 after a long and courageous struggle with cancer. The hour of her death coincided with the closing moments of a conference dedicated to her work at Warwick University. Although her rapidly deteriorating health prevented her from attending as planned, the conference was inspired by the presence of her work, above all by its questioning of the division between the political and theological faces of Hegelianism.

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We Need a New State Debate (Part Two) — Chris O’Kane

The second part of Chris O’Kane’s critical reevaluation of Marxist state theories and debates.

via We Need a New State Debate (Part Two) — Chris O’Kane — Legal Form

The State Derivation Debate [1]

The so-called second generation of Frankfurt critical theorists, Jürgen Habermas and Claus Offe, had formulated social-democratic theories of the state. They had argued that capitalism’s crisis tendencies had been overcome and that the working class had been integrated into contemporary society. All struggles were thus political struggles over the state’s management of economic relations, and social democracy represented the road to human fulfilment.

Johannes Agnoli had critiqued Habermas and Offe’s theories. For Agnoli the state was the political form of capitalist reproduction, not something to be understood as separate from economic relations. Keynesianism, moreover, had not overcome class struggle, but rather “statified” it by incorporating the working class into a vast bureaucracy. All struggles should thus be outside of and against the state in order to abolish it outright, and with it the whole of capitalist society.

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The Illusion of State Socialism and the Contradiction between Wage Labor and Capital

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by Wolfgang Müller and Christel Neusüss (1970)

The following article provides a synopsis of different versions of the revisionist theory of the state, and of its immanent tendencies. Further, it outlines a critique of the establishment of income distribution as an autonomous sphere, independent of production, and of the way state socialism is presented as carrying out its specific functions, as Marx indicated by means of the Factory Legislation. Only on the basis of these preliminary considerations it is possible to relate the concrete manifestations of the state’s social and political-economic functions to the process of capital realization and its contradictory development. Although this deals with revisionist theories of the state, it is not an actual analysis of contemporary state socialism. Thus, the historical and material conditions within which the illusion of state socialism has come about are only touched upon. The history of theory is generally kept separate from the history of capital. Yet, it is necessary to critically evaluate the revisionist theorists’ reification of the state —or rather, of income distribution—as a preliminary analytical step. . . [READ PDF]

On the “State derivation debate” see:

The Market, the State, and the End of History (Agnoli, 2000)

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by J. Agnoli (2000)

The world market society, our present reality, is labelled globalization. Apart from its ideological status in social conflict – that is, the attempt of capital to make European labour accept unconditionally high unemployment and low wages – the term globalization presents something quite different; namely, the complete commercialization and commodification of social life. In other words, the so-called laws of the market, operating at a global scale, penetrate and condition everything from industrial production to cultural production. Bourgeois society rests upon the operation of these laws and it is these laws that transform bourgeois society into a world-wide ensemble of commodities. Clearly this the best of all worlds . . . [PDF]

 

The Tarnac Verdicts: Unraveling the Logic of Anti-Terrorism

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After Ten Years, the “Tarnac Affair” Concludes in France (crimethinc)

In 2008, the state of France accused the Tarnac Ten of terrorism, charging that they had formed “a group of the ultraleft, of the autonomous type, maintaining links with international extremist movements.”1 After a decade-long ordeal, the remaining defendants received their final verdict on April 12, 2018.

All of the defendants were found not guilty of the charges of sabotage, rioting, and conspiracy; the terrorism charges had been dropped much earlier. Christophe Becker was sentenced to six months of probation for possession of fake IDs and a fine of 500 euros for refusal to give a DNA sample to the authorities. Julien Coupat and Yildune Lévy were also found guilty of refusing to give DNA, but face no sentence on account of the amount of time that has passed. Considering how many resources the French state had invested in this court case, this represented a massive victory for the defendants.

What can we learn from this passage of a few people through a rather long trial for terrorism? Let’s review the background of this story, the details of the case, and its implications for the future.

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