By Donna C. Kline (auth.)
Donna Kline's contribution to the Sovietica sequence falls open air the stern confines of the research of Soviet Marxism-Leninism. It facilities its cognizance at the probably minor query of Marx' wisdom of and perspective towards the felony conception and perform trendy on the time he was once writing stories that without delay addressed problems with legislations and economics, and that obliquely helped to type the felony and fiscal habit of Soviet-style regimes. That this query isn't as minor or as beside the point to Marxism-Leninism because it may appear first and foremost look flows from Marx' noticeable reason to do a radical critique of all of the vectors of 'bourgeois-capitalist' civilization and tradition, basically expressed within the many key texts, the place 'legal family' shape no less than a part of the important concentration. Marx' concept was once forming while the 'bourgeois' legislations that had develop into self-conscious on the finish of the 18th century used to be, following the French Revolution, attempting to 'take ownership' of the social-political recognition of European-American tradition, and discovering itself bobbing up opposed to the 'vagaries' of financial quasi-anarchy. there's a experience within which the 'bourgeois-capitalist' efforts at constructing a felony code for present monetary perform signify a type of 'ideology in perform' to be utilized to an analogous phenomena that Marx desired to account for in his especially Hegelian ideological critique.
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Extra resources for Dominion and Wealth: A Critical Analysis of Karl Marx’ Theory of Commercial Law
63 Indeed, the basis will theory and the recognition will theory are intertwined in the key passage from The German Ideology. " He followed that remark with the CHAPTER ONE 32 statement that "[t]he jus utendi and abutendi itself asserts ... the illusion that private property itself is based solely on the private will. ,,64 The former statement reflects the basis will theory, while the latter reflects a recognition will theory. As will be discussed further below, the basis and recognition theories embody various views about the formation of society and human nature, which views Marx rejected.
Once again, the reason for including this particular normative version of the recognition theory here is its presence in judicial thinking of the time. In both the law of contracts and of property, restrictions on the free exercise of property rights were frowned on. For example, restrictions on the alienation of property were generally prohibited, with certain technical exceptions. Similarly, restrictions on the right to enter contracts were discouraged. An example of this is that labor cases prior to the enactment of the National Labor Relations Act often protected both the worker's right to strike and the factory owner's right to blacklist union workers, since both these actions fell within the individual's right to determine with whom he would contract and upon what terms.
If spoken at the Astrodome in the Summer when the Astros are playing, the proposition that each player (although not each person attending) will be given three chances to hit the ball may well be true. The statement may well be false if spoken at the Astrodome in the winter when the Oilers are playing football. In certain limited contexts, then, four things may be said about the truth or falsity of rule statements such as the proposition P, where P is a statement of the kind "Three of a kind beat two pair": 0) the truth of the statement that "P is a rule of the game of poker" is evaluated by certain criteria which may differ from those used to determine the truth of P itself; (2) the proposition P may be true or false as an objective description of events; (3) the proposition P may be meaningless if the game of which it is a rule does not exist; and (4) when the proposition P is used to express a rule, it is not susceptible to being true or false, although the statement "P is a rule of the game of poker" may be true or false.