https://doi.org/10.31261/ZDP.2019.20.34
Paszukanis (1891-1937) is noted as the most influential theorist of law in Soviet Russia. In his book on “General theory of law and Marxism”, issued in 1924. 1925 and 1927, he defines law as a form, expressing the real relation between people in process of production and exchange of goods; the form, that reaches its highest level as the rule of law (Rechtsstaat), when it becomes a mirage, covering the real and deep conflict of interests. Paszukanis is sure, that in communism any form of law will disappear, because there will be no class conflict of interests. He also repeated the prophesy of Marx, that capitalism will disappear, as expressed in Communist Manifesto. That the prophesy is false and that we cannot have a science of history similar to physics showed and criticized Karl Raimund Popper. And reduction of rule of law to expression of only class interest seems to be false, because many legal regulations are not connected to economic interests. The thesis, that law is connected only with bourgeois society surely led to contempt of any law by people ruling in Soviet Russia, taking into account that Paszukanis book was popular and used in education. Interesting enough, the book was printed in Poland in 1985, with the commentary that is still a very instructive and important theory of law.
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Vol. 12 (2019)
Published: 2020-04-16
Język Polski
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