Law as class normativity and legal form

Abstract

This article argues against two theses within the Marxist juridical theory. First, the thesis according to which the workers unionism inside legality is incompatible with their struggle to overpass the capitalist relations of production, and so the juridical form. Secondly, we argue against the thesis that sustain the impossibility to conceive the existence of the juridical form in the pre-capitalist’s modes of productions. In one sense, these theses share a common theoretical background: the conception of the juridical phenomenon exclusively as juridical form, despising its institutional moment – the class normativity. In the first case, the reduction of the juridical phenomenon to the juridical form prevents the understanding of the contradictories political effects materialized by the class struggle into the legal order. In the second case, the exclusion of the legal order and the germinal equivalent forms from the juridical concept blocks the knowledge of the lines of continuity in the history of law.