Pashukanis' Research On The Development Of Marxist Jurisprudence

Although the Russian October Revolution destroyed the old judicial apparatus and legal order,the stubborn habits of thinking still exist.The legal system that carries the demands of new interests and the old feudal system coexist.Solving the general theoretical problems of law in a universal form is the main task at present.In this context,Pashukanis draws on the research methods used by Marx in political economy to establish the general theory of law.In the process of critically analyzing the bourgeois and bourgeois legal theories,he also gave the concept of law,law and state,law and morality,crime and penalty and other issues are elaborated in detail.On the one hand,Pashukanis is facing the challenge of the new-type legal philosophy stream which the classical Marxist writers have not faced to the historical materialism,and has to respond effectively by deepening and developing some ideological elements of Marxist jurisprudence.He should not only resist the theoretical penetration of the New-Kantian philosophy of law by using materialist dialectics,but also break the theoretical fog of the psychological law school: the Neo Kantian jurisprudence school represented by Kelsen and Stammler only discusses the rationality of the legal system in the mandatory norm field formulated by authority,and they think that the authoritative norm issued in the name of the state is the object of legal research;in order to solve the theoretical confusion of the school of psychological law,the New-Kantian philosophy of law,represented by Kelsen and Stammler discusses the rationality of the legal system only in the mandatory norms formulated The psycho jurisprudence school represented by Petrazhitsky and Reisner analyzes and interprets the concept and legal norm system of law based on the category of subjective consciousness of human beings,rather than from the general theory of law from the real power behind reality.On the other hand,he inherited Marx’s methodology of political and economic criticism,and restructured it systematically,especially the transformation of Marx’s dealing with the form of commodity to the treatment of relevant legal forms,and made great efforts to adapt to the situation of the Soviet Union transition to socialism.Pashukanis especially pointed out that the research of legal theory should pay close attention to the real power behind the social reality,and should not simply discuss the abstract logical norms without the social essence.The unique feature of Pashukanis’ s legal theory is to abandon the non Marxist legal research methods,analyze the form of law itself from the historical process of the dialectical development of commodity exchange relations,and build a general theory of law with universality on this basis.