Research Handbook on Law and Marxism

‘This collection makes an important contribution at an inflection point crossed by the crisis of global capitalism and South Africa’s own challenges generated by the Radical Economic Transformation faction of the ruling party and fellow populist travellers. One can only express the tentative hope that some of this collection finds its way into the teaching of legal theory in South African law schools.’
– The Hon Justice Dennis Davis, The South African Law Journal

‘The modestly titled Research Handbook on Law and Marxism is in fact a pioneering venture that brings together as many as 29 contributions on a wide range of subjects relating to law, seen through the analytical prism of Marxism. It will prove to be a useful reference point for students and seasoned writers alike.’
– Utsa Patnaik, Professor Emerita, Jawaharlal Nehru University, India

‘This volume displays the breadth and vitality of research on law from within the traditions of Marxism. Written from many different perspectives and by a healthy mix of eminent and emerging scholars, the essays collected here ably guide the reader through a century and a half of debates and controversies. These are debates both among Marxists about the status, import, and structure of the law and modern legal institutions, and between Marxists and non-Marxist legal scholars, collectively demonstrating that Marxism has indelibly shaped legal theory, constitutional theory, the theory of the state, and the theory of international law. This will undoubtedly be my new go-to reference volume on all questions pertaining to Marxism and legal studies.’
– William Clare Roberts, McGill University, Canada

‘Paul O’Connell and Umut Özsu have done a great service to all scholars of Marxism. They have assembled a comprehensive volume that includes contributions of both noted experts and brilliant young researchers and that fills a void in the existing literature. The outcome is a wonderful Handbook that is useful for both specialists and readers who approach Marxism and law for the first time. This book will serve as a guide in the field for many years to come.’
– Marcello Musto, York University, Canada

Contributors: Max Ajl, Rémi Bachand, Miriam Bak McKenna, Clyde W. Barrow, Enzo Bello, Bill Bowring, Honor Brabazon, Gustavo Capela, Cosmin Sebastian Cercel, B.S. Chimni, Pablo Ciocchini, Radha D’Souza, Natalia Delgado, Matthew Dimick, Michael Head, Nate Holdren, Rob Hunter, Talina Hürzeler, Bob Jessop, Rene José Keller, Rafael Khachaturian, Stéfanie Khoury, Dimitrios Kivotidis, Daniel McLoughlin, Eva Nanopoulos, August H. Nimtz, Paul O’Connell, Chris O’Kane, Rebecca Schein, Igor Shoikhedbrod, Nimer Sultany, Christine Sypnowich, Ahmed White

Contents:

1 Introduction to the Research Handbook on Law and Marxism 1
Paul O’Connell and Umut Özsu

PART I MARX AND THE MARXIST TRADITION
2 Legal and illegal political tactics in Marxist political theory 6
Clyde W Barrow
3 Marx on the Factory Acts: Law, exploitation, and class struggle 21
Daniel McLoughlin and Talina Hürzeler
4 ‘Putting weapons into the hands of the proletariat’: Marx on the
contradiction between capitalism and liberal democracy 35
August H Nimtz
5 Marx’s concept of dictatorship 61
Cosmin Sebastian Cercel
6 Revolution, Lenin, and law 77
Michael Head
7 Marx, Engels, Lenin, and the right of peoples to self-determination in
international law 98
Bill Bowring
8 Pashukanis’ commodity-form theory of law 115
Matthew Dimick
9 Thinking in a Gramscian way: Reflections on Gramsci and law 139
Pablo Ciocchini and Stéfanie Khoury
10 Poulantzas’ changing views on law and the state 156
Bob Jessop
11 The state as social relation: Poulantzas on materiality and political strategy 173
Rafael Khachaturian

PART II CONTEMPORARY MARXIST ANALYSIS OF LAW,
RIGHTS AND THE STATE
12 Marx’s critique and the constitution of the capitalist state 190
Rob Hunter
13 Marx and critical constitutional theory 209
Nimer Sultany
14 The reproduction of moral economies in capitalism: Reading Thompson
structurally 242
Nate Holdren
15 Law and the state in Frankfurt School critical theory 261
Chris O’Kane
16 Feminist materialism and the laws of social reproduction 283
Miriam Bak McKenna
17 Marxism, labour and employment law, and the limits of legal reform in
class society 299
Ahmed White
18 Karl Marx, Douglass North, and postcolonial states: The relation
between law and development 319
BS Chimni
19 Transcending disciplinary fetishisms: Marxism, neocolonialism, and
international law 335
Radha D’Souza
20 Taking political economy seriously: Grundriss for a Marxist analysis of
international law 356
Rémi Bachand
21 From class-based project to imperial formation: European Union law
and the reconstruction of Europe 375
Eva Nanopoulos

PART III FUTURE ORIENTATIONS OF MARXIST LEGAL ANALYSIS
22 From free time to idle time: Time, work-discipline, and the gig economy 400
Rebecca Schein
23 Greening anti-imperialism and the national question 421
Max Ajl
24 Ideology, narrative, and law: ‘Operation Car Wash’ in Brazil 444
Enzo Bello, Gustavo Capela, and Rene José Keller
25 The poetry of the future: Law, Marxism, and social change 458
Paul O’Connell
26 Nomocratic social change: Reassessing the transformative potential of
law in neoliberal times 477
Honor Brabazon
27 Beyond fetishism and instrumentalism: Rethinking Marxism and law
under neoliberalism 497
Igor Shoikhedbrod
28 Law and the socialist ideal 512
Christine Sypnowich
29 Marx on law and method 529
Natalia Delgado
30 Principles for a dialectical-materialist analysis of law and the state 544
Dimitrios Kivotidis

Index