Carlo Di Mascio

In 1931, Evgeny Pashukanis, the distinguished Soviet jurist, author of “The General Theory of Law and Marxism”, following an invitation to celebrate the centenary of Hegel’s death, published an assay entitled “Hegel, the State and Law” (Гегель. Государство и право) aimed to demistify, through a brief retrospective of Hegelian’s philosophy, its specific use, something achieved through the bourgeois ideology which, at some point in history, abandoned Kantism and its followers to embrace Neo-Hegelianism as a philosophy of domination and social control. In this unpublished text, Pashukanis reflects, from a Marxist and Leninist point of view, on the ability to use Hegel as a bourgeois defense tool, when a particular society, specifically the one from the 1920s to the 1930s, began to be affected by the fear of communism and by the crises that endanger its very survival. From this angle, the capitalist interest - following Pashukanisian interpretation of Hegel - will only develop in the terms of a scientific elimination of all those subversive potentials that the economic crisis is destined to produce, thus reformulating the notions of State and Law which, in between obedience, discipline and defense of the homeland, come to assert the official recognition of the inexorably crushed proletariat in a condition in which all relations of production and social reproduction are transferred to the realm of exploitation, as its definitive subsumption to capital.

La critica di Max Stirner, al pari di quella giuspositivistica, mirando alla dissoluzione di ogni valore assoluto, riconduce la costruzione dell'esperienza umana a un atto di volontà dell'individuo, il quale, irriducibile a ogni metafisica tradizionale e a ogni tipo di autorità ereditaria, crea e ricrea la propria esistenza e il mondo in maniera autonoma e incondizionata. In questo senso, la matrice non-cognitivistica comune sia al pensiero stirneriano che a quello giuspositivistico - oltre a denunciare il fondamento tipicamente universalistico e oggettivistico del giusnaturalismo, sempre volto ad annullare il punto di vista del soggetto e a determinare aprioristicamente quali valori e quali regole di vita egli è tenuto a seguire - fornisce l'occasione per una sorprendente quanto affascinante svolta vitalistica e materialistica, "all'insegna di una ontologia costruttivista, la quale, propugnando una concezione affermativa dell'essere, mira alla distruzione dei valori esistenti e alla continua creazione autonoma di nuovi valori".

Venus im Pelz is not just a book on masochism, love or the conflict of the sexes, but is also, in its own way, a work that aims to ridicule the philosophy par excellence, that in particular of Kant and Hegel, the great Fathers-Masters of philosophy, capable with their systems to rationalize the theme of voluntary submission, restoring the threatened order. In this direction, the same masochistic subversion, which with Severin had attempted to symbolically depose the Father, as the historical-political-cultural antecedent of Law and power, nevertheless appears destined to recompose, thanks to philosophy and its history, the product themselves of patriarchal speculations, always prompted to cage any singulariity prone to deviate from the trajectory traced by civilization. It is within this patrolling infrastructure that Severin, after «that cruel catastrophe of my life», will continue his existence, converted, from «rebelled by submission», into a new reactionary Father who now uses the whip with women, and that, now healed with its «moral steadiness [...] I learned to work, to fulfill duties» - tamed «with the Kantian ethics of the dignity of moral value that tunes with the Hegelian ethics of the redemption of the servant through the objectification of labor», does not realize that he has become himself an object of power, so that one day he may peacefully die in a rational and productive way.

On the verge of the 1917 October revolution, Lenin reads and elaborates on the Hegel's Science of Logic, as if he were attempting to outline, from it, specific effects. Theoretical effects, because human activity is never uncoupled from the logic objective, through which the real matter unfolds and to whom each individual indissolubly belongs. Practical effects, because if Hegelian philosophy is good for the Church, for the bourgeoisie, for the capital, by changing the order of some of its factors it may as well turn out good for guiding the practical-cognitive development of an urgent proletarian revolution.

Why, at a certain point in history, did the regulation of human relations acquire jurisdictional status? Why did class rule take the form of an official state power? What, in the complexity of social relationships, did the formal application of norms correspond to? But above all, why did the law, here meant as a system of legal norms, turn out particularly suited to social and economic capitalist developments? From an explicitly Marxist point of view, the author explores Evgenij Bronislavovic Pashukanis's "Theory of Law and Marxism" (1924), which is the first theoretical and organic attempt to define the structural goal of the law, not in terms of pure form, but in those of a system with systematic organization of production, thus revealing that the development of bourgeois law was not at all accidental but indeed essential to the functioning and existence of the capitalist production relationships. Towards this precise direction, “law, as a constituent element of production relations, is no longer defined by the traditional scheme of a mere ideological superstructure, but it is itself the very structure, already inherent in capitalist socialization, which is entirely immanent to society”. This captures the innovative specificity of Pashukanis's heterodoxy, certainly the greatest Marxist jurist of all time.