MARXISM AND LAW: POULANTZAS CRITICISM ON A PASHUKANIS AND STUCHKA

The purpose of this paper is to consider some of the critical reflections of Nicos Poulantzas on law, in the period where his work was more influenced by the thought of Louis Althusser. For this, I will focus my analysis occupying some of the ideas raised in articles Marxist theory of state and law and the problem of alternative and Marx and modern law, in conjunction with larger works as political power and social classes in the capitalist state and Fascism and dictatorship, in which we can begin to consider that it has moved away from the core of the Althusserian project, in which the law is constitutive of the social totality, while the superstructure instance. In this analysis I will address the various criticisms made to Soviet authors as Pashukanis and Stuchka, looking for a possible answer to the light of posed by these authors in their works, in order to reveal possible limitations of raising Poulantzas, their inability to analyze a specific socio-economic formation, and finally their difficulties building hegemony.