ABSTRACT
This essay reflects on how the Marxist commodity-form theory of law can inform approaches to EU climate law. The commodity-form theory understands law as a central social relation in the capitalist mode of production. The essay combines this theory with a Marxist analysis of the relationship between capitalism and nature, arguing that the inherent features of capitalism are the root cause of the climate crisis. Applying this to the European Union, the essay argues that its response to the climate crisis tends to reinforce the structural features of capitalism that have led us to the brink of catastrophic climate change. The commodity-form theory offers a sceptical view of law and argues that it must be used strategically as part of a broader movement seeking to transcend capitalism.
Andrew Woodhouse, Commodity-form theory of law, the climate crisis, and the European Union, Transnational Legal Theory. Published online: 9 September 2024.
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