Evgeny Pashukanis - Wikipedia Evgeny Pashukanis From Wikipedia, the free encyclopedia Jump to navigation Jump to search Evgeny Pashukanis (undated) Evgeny Bronislavovich Pashukanis (Russian: Евгений Брониславович Пашуканис; 23 February 1891[1] – September 1937) was a Soviet legal scholar, best known for his work The General Theory of Law and Marxism. Contents 1 Early life and October Revolution 2 The General Theory of Law and Marxism 3 Latter years 4 See also 5 Notes 6 External links Early life and October Revolution[edit] Pashukanis was born in Staritsa, in the Tver Governorate in the Russian Empire. The Pashukanis family was of Lithuanian background; he was a cousin of the publisher, Vikentiy Pashukanis. Influenced by his family, particularly his uncle, he joined the Russian Social Democratic Workers' Party (RSLDP) in Saint Petersburg at the age of 17. In 1909, he started studying jurisprudence in Saint Petersburg. As a result of his socialist activism, the Czarist police threatened Pashukanis with banishment, so he left Russia for Germany in 1910. He continued his studies in Munich. During World War I, he returned to his native Russia. In 1914, he helped draft the RSLDP resolution opposing the war. Following the 1917 October Revolution and the establishment of the Soviet Russia, Pashukanis joined the Russian Communist Party (b), after its founding in 1918. In August 1918, he became a judge in Moscow. Meanwhile, he launched his career as a legal scholar. He also held a post in the Ministry of Foreign Affairs and was an adviser to the Soviet embassy in Berlin, helping to draft the Rapallo Treaty of 1922. In 1924 he was transferred to full-time academic duties as a member of the Communist Academy.[2] By 1930, Pashukanis was the Vice President of the Communist Academy. The General Theory of Law and Marxism[edit] In 1924, Pashukanis published his seminal work, The General Theory of Law and Marxism. This is best known for Pashukanis' formulation of the "Commodity Exchange Theory of Law". This theory was built on two pillars of Marxist thought: (1) in the organization of society the economic factor is paramount; legal and moral principles and institutions therefore constitute a kind of superstructure reflecting the economic organization of society; and (2) in the finally achieved state of communism, law and the state will wither away. If communism is achieved, morality as it is typically understood will cease to perform any function. «Why does class rule not remain what it is, the factual subjugation of one section of the population by the other? Why does it assume the form of official state rule, or - which is the same thing – why does the machinery of state coercion not come into being as the private machinery of the ruling class; why does it detach itself from the ruling class and take on the form of an impersonal apparatus of public power, separate from society? […] Another of the things with which Comrade Stuchka reproaches me - namely that I recognise the existence of law only in bourgeois society, I grant…» (E. B. Pashukanis, The General Theory of Law and Marxism, 1924). Latter years[edit] From 1925 to 1927, Pyotr Stuchka, another Soviet legal scholar, and Pashukanis compiled an Encyclopedia of State and Law and started a journal named Revolution of Law. In 1927, he was elected a full member of the Communist Academy, eventually becoming its vice-president. He and Stuchka started a section on the General Theory of State and Law at the Academy. However, in 1930, Nikolai Bukharin was attacked by Stalin, because he insisted that the state must wither away to bring forth communism, as Marx had advocated. He was then stripped of all his political posts. Pashukanis soon came under pressure from the government as well. As a result, Pashukanis started to revise his theory of state. He stopped working with his friend Stuchka. It is unclear whether Pashukanis's transformation was simply the result of fear for his safety, or whether he actually changed his mind. He was rewarded by being made director of the Institute of Soviet Construction and Law (predecessor of the Institute of State and Law of the Soviet Academy of Sciences) in 1931. In 1936, he was appointed as Deputy Commissar of Justice of the USSR and was proposed for membership in the Soviet Academy of Sciences.[3] According to Andreas Harms, Pashukanis was denounced as an "enemy of the people" by Pyotr Yudin. On 20 January 1937, Pashukanis was arrested and Andrey Vyshinsky soon replaced him at the Institute of Soviet Construction and Law. Alfred Krishianovich Stalgevich, a longtime critic of Pashukanis, took over his courses at the Moscow Juridical Institute.[4] Pashukanis, after publishing many self-criticisms, was eventually denounced as a "trotskyite saboteur" in 1937 and executed in September 1937.[5] Pashukanis was posthumously rehabilitated in 1957, although his theories were not adopted by mainstream Soviet jurisprudence at that time.[citation needed] See also[edit] Evgeny A. Korovin, Pashukanis' contemporary at the Institute of State and Law List of Russian legal historians Communist Academy Notes[edit] ^ This date is based on the Gregorian calendar. At the time, the Julian calendar was in use in Russia; according to this calendar, he was born on 10 February. Kamenka, Eugene; Tay, Alice Erh-soon (January–February 1970). "The Life and Afterlife of a Bolshevik Jurist". Problems of Communism. Washington, D.C.: International Information Administration. 19 (1): 72–79. ISSN 0032-941X. OCLC 1762908. Pg. 74. ^ Kamenka/Tay 1970, pg. 72; Harms, Andreas (2002). "Eugen Paschukanis und sein Hauptwerk". Warenform und Rechtsform: Zur Rechtstheorie von Eugen Paschukanis (in German). Freiburg: ça ira Verlag. ISBN 3-924627-80-0. ^ Kamenka/Tay 1970, pg. 73 and Harms 2002. ^ Kamenka/Tay 1970, pg. 73. ^ Head, Michael (2004). "The Rise and Fall of a Soviet Jurist: Evgeny Pashukanis and Stalinism". Canadian Journal of Law and Jurisprudence. 17 (2): 269–294. doi:10.1017/S084182090000391X. 6. Carlo Di Mascio, Pašukanis e la critica marxista del diritto borghese, Firenze, Phasar Edizioni, 2013. ISBN 978-88-6358-227-7 7. Carlo Di Mascio, Note su 'Hegel. Stato e diritto' di Evgeny Pashukanis, Firenze, Phasar Edizioni, 2020. ISBN 978-88-6358-595-7 External links[edit] Evgeny Pashukanis (including a list of works) at the Marxists' Internet Archive v t e Jurisprudence Legal theory Critical legal studies Comparative law Economic analysis Legal norms International legal theory Legal history Philosophy of law Sociology of law Philosophers Alexy Allan Aquinas Aristotle Austin Beccaria Bentham Betti Bickel Blackstone Bobbio Bork Brożek Cardozo Castanheira Neves Chafee Coleman Del Vecchio Durkheim Dworkin Ehrlich Feinberg Fineman Finnis Frank Fuller Gardner George Green Grisez Grotius Gurvitch Habermas Han Hart Hegel Hobbes Hohfeld Hägerström Jellinek Jhering Kant Kelsen Köchler Kramer Llewellyn Lombardía Luhmann Lundstedt Lyons MacCormick Marx Nussbaum Olivecrona Pashukanis Perelman Petrażycki Pontes de Miranda Posner Pound Puchta Pufendorf Radbruch Rawls Raz Reale Reinach Renner Ross Rumi Savigny Scaevola Schauer Schmitt Shang Simmonds Somló Suárez Tribe Unger Voegelin Waldron Walzer Weber Wronkowska Ziembiński Znamierowski Theories Analytical jurisprudence Deontological ethics Fundamental theory of canon law Interpretivism Legalism Legal moralism Legal positivism Legal realism Libertarian theories of law Natural law Paternalism Utilitarianism Virtue jurisprudence Concepts Dharma Fa Judicial interpretation Justice Legal system Li Rational-legal authority Usul al-Fiqh Related articles Law Political philosophy Index Category Law portal Philosophy portal WikiProject Law WikiProject Philosophy changes Authority control BIBSYS: 90607269 BNF: cb12391374f (data) GND: 122514963 ISNI: 0000 0001 1044 5028 LCCN: n80102014 NDL: 00525023 NKC: jo2009330720 NLK: KAC200803152 NLP: A21097203 NTA: 068379846 PLWABN: 9810666667505606 SUDOC: 076457745 VIAF: 22224399 WorldCat Identities: lccn-n80102014 Retrieved from "https://en.wikipedia.org/w/index.php?title=Evgeny_Pashukanis&oldid=994985542" Categories: 1891 births 1937 deaths People from Staritsa People from Staritsky Uyezd Old Bolsheviks Communist Party of the Soviet Union members Great Purge victims from Russia Legal writers Russian jurists Soviet law Russian Social Democratic Labour Party members Soviet non-fiction writers Soviet male writers 20th-century male writers Soviet rehabilitations 20th-century non-fiction writers Hidden categories: CS1 German-language sources (de) All articles with unsourced statements Articles with unsourced statements from May 2017 Wikipedia articles with BIBSYS identifiers Wikipedia articles with BNF identifiers Wikipedia articles with GND identifiers Wikipedia articles with ISNI identifiers Wikipedia articles with LCCN identifiers Wikipedia articles with NDL identifiers Wikipedia articles with NKC identifiers Wikipedia articles with NLK identifiers Wikipedia articles with NLP identifiers Wikipedia articles with NTA identifiers Wikipedia articles with PLWABN identifiers Wikipedia articles with SUDOC identifiers Wikipedia articles with VIAF identifiers Wikipedia articles with WORLDCATID identifiers Navigation menu Personal tools Not logged in Talk Contributions Create account Log in Namespaces Article Talk Variants Views Read Edit View history More Search Navigation Main page Contents Current events Random article About Wikipedia Contact us Donate Contribute Help Learn to edit Community portal Recent changes Upload file Tools What links here Related changes Upload file Special pages Permanent link Page information Cite this page Wikidata item Print/export Download as PDF Printable version Languages Català Čeština Deutsch Ελληνικά Español فارسی Français Italiano Қазақша Lietuvių مصرى 日本語 Polski Português Русский Svenska Українська 中文 Edit links This page was last edited on 18 December 2020, at 16:06 (UTC). 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