By Donna C. Kline (auth.)
Donna Kline's contribution to the Sovietica sequence falls outdoors the stern confines of the research of Soviet Marxism-Leninism. It facilities its awareness at the probably minor query of Marx' wisdom of and angle towards the criminal concept and perform trendy on the time he was once writing reviews that without delay addressed problems with legislation and economics, and that obliquely helped to model the felony and fiscal habit of Soviet-style regimes. That this query isn't as minor or as beside the point to Marxism-Leninism because it might sound in the beginning look flows from Marx' seen reason to do an intensive critique of all of the vectors of 'bourgeois-capitalist' civilization and tradition, sincerely expressed within the many key texts, the place 'legal kinfolk' shape at the very least a part of the imperative concentration. Marx' inspiration was once forming whilst the 'bourgeois' legislations that had turn into self-conscious on the finish of the 18th century was once, following the French Revolution, attempting to 'take ownership' of the social-political awareness of European-American tradition, and discovering itself arising opposed to the 'vagaries' of monetary quasi-anarchy. there's a experience within which the 'bourgeois-capitalist' efforts at constructing a felony code for latest monetary perform symbolize a kind of 'ideology in perform' to be utilized to an identical phenomena that Marx desired to account for in his especially Hegelian ideological critique.
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Extra info for Dominion and Wealth: A Critical Analysis of Karl Marx’ Theory of Commercial Law
A. As Meta-Legal Statements As descriptive meta-legal statements, the result propositions can be plausibly cast as follows: la. Ownership of physical objects is separate and distinct from the economic ability to make use of the object. 2a. It is not necessary that individuals enter into relationships with each other; people do not ab initio stand in relationships of obligation to each other. 3a. Contractual obligations arise solely because the parties freely decide to enter into agreements; no external constraint forces people to do so.
ANALYSIS OF THE KEY PASSAGE For purposes of discussion, the key passage quoted above can be separated into seven different theses, as follows: Thesis I: This juridical illusion, which reduces law to mere will, in further development of property relationships necessarily leads to one's having legal title to a thing without actually having it. Thesis II: If, for example, the income from a piece of land is lost due to competition, the owner, to be sure, has his legal title to it along with thejus utendi and abutendi.
Thus, a normative recognition theory may conflict with a normative basis theory. Once again, the reason for including this particular normative version of the recognition theory here is its presence in judicial thinking of the time. In both the law of contracts and of property, restrictions on the free exercise of property rights were frowned on. For example, restrictions on the alienation of property were generally prohibited, with certain technical exceptions. Similarly, restrictions on the right to enter contracts were discouraged.