Abstract

In the General Theory of Law and Marxism, E. B. Pashukanis proposes to construct Marxist jurisprudence on the methodological framework provided by Marx in the Introduction to the Grundrisse and Capital. That methodological orientation is the defining feature of the General Theory. The rediscovery of Pashukanis in Western Europe and the United States in the late 1970s, however, has not led to any systematic inquiry into questions of method in the General Theory. That inquiry is the aim of the dissertation. ;The first chapter presents an exposition of the General Theory, with particular emphasis on Pashukanis's discussions of method. Chapter Two sets forth the common themes running through the secondary literature, which suggest a lack of correspondence between the methodological approach proposed by Pashukanis and his theory of law. The third chapter concludes that many of the shortcomings of the General Theory flow from its departure from its methodological program and suggests ways that Pashukanis could have more faithfully executed that program