All roads lead to property: Pashukanis, Christie and the Theory of Restorative Justice
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Date
2013
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
North-West University
Abstract
The name of Evgeny Pashukanis, the Bolshevik jurisprudent, is linked umbilically to the so-called commodity form theory of law. In his Law and Marxism Pashukanis develops a general theory of law which turns upon the relationship between the commodity form and the legal form. The fundamental postulates of the general theory are, firstly, that the legal form is the analytical fulcrum of the general theory of law, and secondly, that the commodity form is the key to the analysis of the legal form. Law and Marxism, which first appeared almost ninety years ago, continues to occupy pride of place in the Marxist analysis of the law. Indeed, if there is a classical Marxist theory of law it is the so-called commodity form theory of law.
Description
Keywords
Restorative justice, Criminal justice
Citation
Koena, R. (2013). All roads lead to property: Pashukanis, Christie and the Theory of Restorative Justice. Potchefstroom Electroniese Regsblad PER, 16 (3)