Language of equality: an investigation of the social connections of modern legality

Abstract

The Language of Equality is contained in three parts. The first part is an elaboration upon the theory of modern legality as largely understood in the vierr of E. B. Pashukanis. In this connection legality appears, firstly, as an antithesis between individuality (as many different individuals) and (their) equality in law. This antithesis appears as the most basic category of modern legality, namely, the equal or abstract individual, or, 'more concretely, the "persona" of private law. Secondly, this element itself appears in antithesis with the state, which cannot be considered as simply another co-equal legal individual. This latter opposition comes forward, for instance, in the traditional dualism of lau and state, and of private and "Public" law. The material elements behind these antitheses are considered as subsisting respectively, in the generalised form of private commodity-ownership and, in the second case, as subsisting in the opposition of private and social interests.

The second part is a development of this form of legality as expressed, in modern-classical thought (primarily Rousseau and Kant). tiere the emergent language of equality coincides with the historical emergence of generalised commodity relations, and certain lessons that are to be learned from this.. process- are considered in detail.

The third part is a criticism of historical Jurisprudence and Legal Sociology in the views that are hero expressed of modern legality, Roman law, feudal law and Natural Law; criticism, for example, of Gierke, Haine, Ehrlich, and Weber.