Law as unifier of the state

The Poulantzas project 2

Bob Jessop’s book on Poulantzas [Nicos Poulantzas: Marxist theory and political strategy, 1985, Macmillan] helpfully summarises some of the early papers I can’t read as I don’t know French. There’s some useful background on his view of the law which is highly condensed in the translated papers. This, in particular, is useful in clarifying his view of the nature of the ‘internal’ logic of law discussed in the last post:

One of the most pervasive and fascinating influences within modern legal theory has been the neo-Kantian positivism of Hans Kelsen (and the so-called ‘Vienna School’) with its concept of a purely internal Normlogik. This argues that an effective legal order must be hierarchically unified under a fundamental legal norm (Grundnorm) and backed up by effective coercive sanctions. It also declares the state and law to be identical and insists that in any one society only one sovereign, coercive legal order is possible. Indeed Kelsen argued that in any real, ‘sociological’ state there will be many authorities, multitudinous relations of domination, numerous acts of commanding and obeying: only the unity of the legal order justifies us in considering the state as a single system of domination. For the same reason Kelsen denied that the state is a subject which exercises power – its power is simply that of a valid and effective legal order. At best he was prepared to concede that the machinery of state (‘the bureaucratic apparatus’) is the material personification of the broader formal legal order within a nation-state. He also suggested that the division between public and private law is ideological and simply serves to dissimulate private law as located beyond politics… (more…)

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Published in: on 11 October, 2010 at 8:19 pm  Comments (1)  

Not, in fact, where we might choose to begin

The Poulantzas project 1

Nicos Poulantzas in his final book, 1978:

The constructivist image of ‘base’ and ‘superstructure’, which is supposed to allow the determining role of the economic sphere to be visualised after a fashion, cannot in fact provide a correct representation of the articulation of social reality, nor therefore of that determining role itself. It has proved to be disastrous in more ways than one, and there is everything to be gained from not relying on it. For my own part, I have long ceased to use it in analysis of the State. [Poulantzas, 1978: State, Power, Socialism, Verso, p. 16] (more…)

Published in: on 10 October, 2010 at 9:57 pm  Leave a Comment