The publication of The General Theory of Law and Marxism in 1924 established Evgeny Pashukanis as a primary figure in Soviet legal thought. His work introduced the commodity exchange theory, asserting that law serves as a structural reflection of economic organization, destined to disappear alongside the state in a fully realized communist society.
Early Political Activism and Education
Born in Staritsa in 1891, Pashukanis descended from a Lithuanian family. He joined the Russian Social Democratic Workers' Party in Saint Petersburg at age 17. In 1909, he began studying jurisprudence, though his socialist activities prompted threats from Czarist authorities. By 1910, he relocated to Germany to continue his education in Munich. Following his return to Russia during World War I, he helped author the 1914 RSLDP resolution opposing the conflict.
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After the 1917 October Revolution, Pashukanis joined the Russian Communist Party (b) in 1918. He served as a judge in Moscow and held positions within the Ministry of Foreign Affairs, assisting in the drafting of the 1922 Rapallo Treaty. By 1924, he transitioned into academic life, becoming a member of the Communist Academy and rising to its vice-presidency by 1930.
Critique of Legal Positivism
Pashukanis directly challenged the pure theory of law proposed by Hans Kelsen. While Kelsen maintained a separation between legal norms and social relations, Pashukanis argued that legal norms possess no reality without efficacy. He posited that the focus on logical determination within positivist theory ignored the actual facts of social life and failed to account for the economic foundations of state power.
Political Purges and Execution
In the 1930s, Stalinist criticism intensified regarding his rejection of the concept of proletarian law. Despite his later administrative roles as director of the Institute of Soviet Construction and Law and his appointment as Deputy People's Commissar of Justice, he was ultimately targeted by Andrey Vyshinsky. Arrested in January 1937, he was denounced as a Trotskyite saboteur and executed in September 1937.
Fast facts
- Born: 1891, Staritsa
- Died: 1937, Moscow
- Education: Saint Petersburg State University
- Primary Work: The General Theory of Law and Marxism
- Political Affiliation: Russian Communist Party (b)
- Posthumous Rehabilitation: 1957
Questions readers ask
What is the commodity exchange theory of law?
It is Pashukanis's theory that legal principles are a superstructure reflecting the economic organization of society, specifically the exchange of commodities.
Why was Pashukanis executed?
He was accused by Stalinists, including Andrey Vyshinsky, of being a traitor and member of an underground anti-Soviet terrorist organization.
Achievements
- Held posts at Lomonosov Moscow State University
