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Formalism and Instrumentalism in the Marxist Critique of Right : With What Must Pashukanian Theory Begin?

Wilén, Carl LU orcid (2025) In Rethinking Marxism 37(1). p.96-112
Abstract
The critique of the legal form of capitalism by E. B. Pashukanis has risen to prominence once again. However, the negative origin of the concept of the legal form, the critique of formalism and instrumentalism, has received too little attention. This essay substantiates the significance of Pashukanis’s critique, avoiding both overly general and narrow conceptions. Moreover, it proposes that his negative contribution is best understood as a critique of a spectrum between formalism and instrumentalism, containing both differences and similarities. Importantly, while acknowledging notable differences, the analysis of the inner connections between formalism and instrumentalism enables an examination of how the spectrum embodies a circular... (More)
The critique of the legal form of capitalism by E. B. Pashukanis has risen to prominence once again. However, the negative origin of the concept of the legal form, the critique of formalism and instrumentalism, has received too little attention. This essay substantiates the significance of Pashukanis’s critique, avoiding both overly general and narrow conceptions. Moreover, it proposes that his negative contribution is best understood as a critique of a spectrum between formalism and instrumentalism, containing both differences and similarities. Importantly, while acknowledging notable differences, the analysis of the inner connections between formalism and instrumentalism enables an examination of how the spectrum embodies a circular logic by which formalism unavoidably advances its negation through instrumentalism, and vice versa. The ultimate source of the circularity of the spectrum can be found in moments of circulation and production under capitalism, providing social validation of formalism and instrumentalism, respectively. (Less)
Abstract (Swedish)
The critique of the legal form of capitalism by E. B. Pashukanis has risen to prominence once again. However, the negative origin of the concept of the legal form, the critique of formalism and instrumentalism, has received too little attention. This essay substantiates the significance of Pashukanis’s critique, avoiding both overly general and narrow conceptions. Moreover, it proposes that his negative contribution is best understood as a critique of a spectrum between formalism and instrumentalism, containing both differences and similarities. Importantly, while acknowledging notable differences, the analysis of the inner connections between formalism and instrumentalism enables an examination of how the spectrum embodies a circular... (More)
The critique of the legal form of capitalism by E. B. Pashukanis has risen to prominence once again. However, the negative origin of the concept of the legal form, the critique of formalism and instrumentalism, has received too little attention. This essay substantiates the significance of Pashukanis’s critique, avoiding both overly general and narrow conceptions. Moreover, it proposes that his negative contribution is best understood as a critique of a spectrum between formalism and instrumentalism, containing both differences and similarities. Importantly, while acknowledging notable differences, the analysis of the inner connections between formalism and instrumentalism enables an examination of how the spectrum embodies a circular logic by which formalism unavoidably advances its negation through instrumentalism, and vice versa. The ultimate source of the circularity of the spectrum can be found in moments of circulation and production under capitalism, providing social validation of formalism and instrumentalism, respectively. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Formalism, Instrumentalism, Marxism, Political Strategy, Voluntarism
in
Rethinking Marxism
volume
37
issue
1
pages
17 pages
publisher
Routledge
external identifiers
  • scopus:105000742130
ISSN
0893-5696
DOI
10.1080/08935696.2024.2435774
language
English
LU publication?
yes
id
891d05b9-3347-4214-8375-c790b5d78685
date added to LUP
2025-04-09 07:53:07
date last changed
2025-04-23 13:37:54
@article{891d05b9-3347-4214-8375-c790b5d78685,
  abstract     = {{The critique of the legal form of capitalism by E. B. Pashukanis has risen to prominence once again. However, the negative origin of the concept of the legal form, the critique of formalism and instrumentalism, has received too little attention. This essay substantiates the significance of Pashukanis’s critique, avoiding both overly general and narrow conceptions. Moreover, it proposes that his negative contribution is best understood as a critique of a spectrum between formalism and instrumentalism, containing both differences and similarities. Importantly, while acknowledging notable differences, the analysis of the inner connections between formalism and instrumentalism enables an examination of how the spectrum embodies a circular logic by which formalism unavoidably advances its negation through instrumentalism, and vice versa. The ultimate source of the circularity of the spectrum can be found in moments of circulation and production under capitalism, providing social validation of formalism and instrumentalism, respectively.}},
  author       = {{Wilén, Carl}},
  issn         = {{0893-5696}},
  keywords     = {{Formalism; Instrumentalism; Marxism; Political Strategy; Voluntarism}},
  language     = {{eng}},
  number       = {{1}},
  pages        = {{96--112}},
  publisher    = {{Routledge}},
  series       = {{Rethinking Marxism}},
  title        = {{Formalism and Instrumentalism in the Marxist Critique of Right : With What Must Pashukanian Theory Begin?}},
  url          = {{http://dx.doi.org/10.1080/08935696.2024.2435774}},
  doi          = {{10.1080/08935696.2024.2435774}},
  volume       = {{37}},
  year         = {{2025}},
}