PASHUKANIS' THEORY OF LAW
THE most prominent representative of Soviet legal theory during the first period of its development 1 is E. B. Pashukanis. In his main work, The General Theory of Law and Marxism,2 he tries to develop a 100 per cent. Marxian doctrine of law in opposition to bourgeois legal theory, which he accuses of hiding the social reality in an 'ideological fog'. It is the normative theory of law, the one that defines the law as a system of norms and especially the so-called pure theory of law against which Pashukanis directs his criticism from the point of view of an orthodox Marxist, although it is just the pure theory of law which, long before Pashukanis, tried to purify the traditional science of law of its ideological elements. The paradoxical result of Pashukanis' attempt is that he takes over some really ideological elements of the bourgeois theory in order to disparage the bourgeois law, which he -- as usual -- confuses with an ideological theory of this law. And, finally, following strictly a line of Marx and Engels, he declares the bourgeois law, the law of the despised capitalist society, as the only possible law in the true sense of this term.
In order to inject into the theory of law the strongest possible dose of Marxism, Pashukanis imitates Marx' economic interpretation of political phenomena by reducing, in the field of jurisprudence, legal phenomena to economic phenomena in general, and in particular to economic phenomena which can exist only within a capitalist system of economy based on the____________________