Igor Shoikhedbrod, ‘Private Law’s Estranged Bedfellows: Why Pashukanis Should Worry Contemporary Formalists’

“The title of this article betrays a seemingly ironic if not altogether improbable thesis – that the legal thought of Evgeny Pashukanis shares important assumptions of the ‘bourgeois’ legal philosophy that it was intended to refute. More specifically, I submit that Pashukanis shares more in common with the neo-Kantian representatives of legal formalism than he or his contemporary advocates and detractors have cared to acknowledge. In what follows, I maintain that the peculiar interest in Evgeny Pashukanis among contemporary neo-Kantian legal formalists can be explained by his inadvertent fetishization of private law in general and property law in particular …”

Igor Shoikhedbrod, Private Law’s Estranged Bedfellows: Why Pashukanis Should Worry Contemporary Formalists , Canadian Journal of Law and Jurisprudence (2020), doi: 10.1017/cjlj.2020.4.

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