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ERIC Number: EJ1366602
Record Type: Journal
Publication Date: 2022
Pages: 8
Abstractor: As Provided
ISBN: N/A
ISSN: ISSN-0013-1857
EISSN: EISSN-1469-5812
Law and Reproduction: Louis Althusser's Criticism of Capitalist Law
Xu, Kefei
Educational Philosophy and Theory, v54 n11 p1803-1810 2022
Law is an important part of Althusser's thought. He profoundly criticized the mechanism of capitalist law from the perspective of 'reproduction.' First, the law cannot be separated from the relations of production. In order to maintain capitalist relations of production, the law covers up the exploitation in the process of capitalist production. The key methods are to determine the ownership of the means of production and products and confuse the technical division of labor and social division of labor in the process of labor. It demands the submission of legal subjects, seducing and tempting subjects through the ideological function of law so that they will actively and willingly accept the restriction of law. Secondly, the law and the State are integrated. The 'surplus-violence' that the ruling class holds over the ruled class is transformed by law into legal State power, and the State power shapes individuals into subjects and endows subjects with rights through law, with the aim of the reproduction of capitalist relations of production. In addition, at the end of the article, I also mention Althusser's preliminary conception of communist law.
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Publication Type: Journal Articles; Reports - Descriptive
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Grant or Contract Numbers: N/A