Legal appearances of the material world: notes on method and law
Legal appearances of the material world: notes on method and law
Legal scholarship is remarkable for the poverty of its method. This chapter reaches critical insights into the object and method for legal research, firstly by analysing Marx and Engels’ main observations on law, and secondly, by reassessing elements of Karl Marx’s method in Capital, amongst other parts of his work. Marx relates legal structures under capitalism to a) the sources of law, b) the artificial divisions in law, c) the contradictions between a legal form and its material content, and d) the temporal primacy of facts over legal forms. Marx’s work is also relevant to contemporary debates in legal theory about the Kantian dichotomy of ‘what it is’ versus ‘what it ought to be’. The methodological part draws from Engels’ review of Marx’s A Contribution to the critique of political economy.
legal research, legal object of research, legal methodology, Marx’s method, dialectic presentation, historical materialism, legal form and social content
Delgado, Natalia
f1907d8d-1b42-424b-ac4c-772be61fb47c
Delgado, Natalia
f1907d8d-1b42-424b-ac4c-772be61fb47c
Delgado, Natalia
(2020)
Legal appearances of the material world: notes on method and law.
In,
O’Connel, P. and Ozsu, U.
(eds.)
Handbook on Law and Marxism.
Edward Elgar Publishing.
(In Press)
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Abstract
Legal scholarship is remarkable for the poverty of its method. This chapter reaches critical insights into the object and method for legal research, firstly by analysing Marx and Engels’ main observations on law, and secondly, by reassessing elements of Karl Marx’s method in Capital, amongst other parts of his work. Marx relates legal structures under capitalism to a) the sources of law, b) the artificial divisions in law, c) the contradictions between a legal form and its material content, and d) the temporal primacy of facts over legal forms. Marx’s work is also relevant to contemporary debates in legal theory about the Kantian dichotomy of ‘what it is’ versus ‘what it ought to be’. The methodological part draws from Engels’ review of Marx’s A Contribution to the critique of political economy.
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N.Delgado Legal appearances of the material world
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Accepted/In Press date: 1 January 2020
Keywords:
legal research, legal object of research, legal methodology, Marx’s method, dialectic presentation, historical materialism, legal form and social content
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Local EPrints ID: 439286
URI: http://eprints.soton.ac.uk/id/eprint/439286
PURE UUID: 39e5a1dc-f2f3-4cf5-93ab-d55b8fc12100
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Date deposited: 07 Apr 2020 16:36
Last modified: 16 Mar 2024 07:12
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Contributors
Editor:
P. O’Connel
Editor:
U. Ozsu
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