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Law: from juridical form to hegemony

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Author(s):
Jonnas Esmeraldo Marques de Vasconcelos
Total Authors: 1
Document type: Master's Dissertation
Press: São Paulo.
Institution: Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD)
Defense date:
Examining board members:
Marcus Orione Goncalves Correia; Alysson Leandro Barbate Mascaro; Lincoln Ferreira Secco
Advisor: Marcus Orione Goncalves Correia
Abstract

This research aims to analyse the contributions of two marxist authors to the study of Legal Science: Eugeny Pasukanis and Antonio Gramsci. It seeks to delimitate the points of contact, deviation and complementation between these two authors, who came to think about Law in their own different ways. Although contemporaries, Pasukanis and Gramsci did not maintain any contact regarding their theoretical positions. Thus, the attempt to stablish a dialogue between their thoughts, using Law as a common thread, presents itself as the main challenge facing this research. On the one hand, through the concept of juridical form, Pasukanis theory seeks to explain the specificity of Law that arises from its intimate historical connections to capitalisms production and trade relations. On the other hand, by investigating the specificities that shape political relations under capitalism, Gramscis approach to hegemony stablishes an interesting analytical framework for studying the dynamics of Law. By approximating these two concepts of juridical form and hegemony, a rich conceptual field is constructed, enabling a critical analysis that could shed light into some compelling questions in relation to the limits, development possibilities and meanings of Law in a capitalist society. (AU)

FAPESP's process: 13/22467-8 - The law: from juridical form to hegemony
Grantee:Jonnas Esmeraldo Marques de Vasconcelos
Support Opportunities: Scholarships in Brazil - Master