STATE AND LAW IN YOUNG MARX: EPISTEMOLOGICAL AND THEORETICAL ELEMENTS FROM A POST MARXIST APPROACH

FOA TORRES, JORGE GABRIEL

REVISTA QUAESTIO IURIS

UERJ

Lugar: Rio de Janeiro; Año: 2020 vol. 13 p. 572 - 591

1807-8389

This paper seeks to identify some epistemological and theoretical paths in young Marx´swritings about law, in order to suggest a critique of current state and law from a post Marxistview. First, the pap er argues that young Marx draws the basis for a materialist an d politicalcritique of law against idealistic and dogmatic approaches. Second, the bourgeois oppositionbetween unreal generality and real individuality identified by the young Marx allows us toanalyse law as a juridical form rather than a utopian or essential content of the social. Finally,the young Marxian distinction between political emancipation and human emancipation leadsus to think, on the one hand, about the juridical institution of the liberal individual as isolatedmonads and, on the o ther hand, about the intimate relationship between law and itstransgression.