Challenging the Rule of Law Universalism: Why Marxist Legal Thought Still Matters
نویسندگان
چکیده
Abstract The primary aim of this article is to present the rule law universalism as a relevant theoretical and socio-political issue that critical legal thought needs contend with. In order do so, described through Marxist framework, which aids in identifying consequences universalism. Furthermore, framework suggested countermeasure allows for going beyond it. analysed process connected establishing hegemony status quo affects both way practiced. post-communist context serves fleshing out some these consequences. Although transition not main subject inquiry, it starting point set philosophical questions directed towards universalism, mainly regarding historical embeddedness dependency law. transitional illustrates tension between treated generalized blueprint reality introduced to. method approach argued paper Marxian theorization concept an interplay concrete abstract underlies materialism. This movement within juxtaposed investigations are followed by findings from theory pinpoint importance interventions into abate its ever-growing abstractness. particular, import knowledges practices divorced capitalist system brought focus. concludes with brief assessment possibility overturning discussion on emancipatory potential
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ژورنال
عنوان ژورنال: Law and Critique
سال: 2022
ISSN: ['1572-8617', '0957-8536']
DOI: https://doi.org/10.1007/s10978-022-09338-x