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Evgeny Pashukanis
A Critical Reappraisal
Interest in the best-known Soviet legal scholar, Evgeny Pashukanis, today
remains widespread. But how and why did Pashukanis emerge as the pre-
eminent Soviet jurist from 1924 to 1930, come under only minor criticism
from 1930 to 1936, and then be denounced and executed in 1937 as a
‘Trotskyite saboteur’? And why have many Western scholars generally praised
the quality and originality of Pashukanis’ work, yet also drawn the conclu-
sion that his fate illustrates the intrinsic impossibility of the entire communist
project?
Answering these questions through a thorough examination of Pashukanis’
relationship to the Stalinist regime, Head shows how Pashukanis’ writings
provide a rich source of material on the Marxist theory of law and the state,
as well as attempts to apply that theory in Soviet Russia. It is, he argues, in a
proper assessment of the historical and political context of Pashukanis’ work
that the striking contemporary relevance of his Marxist legal theory is
revealed; particularly in view of the universal assault on civil liberties in
the indefinite war on terror and the constant escalation of ‘law and order’
measures in Western societies.
Dr Michael Head
is Associate Professor in the Law School at the University
of Western Sydney.
Nomikoi: Critical Legal Thinkers, edited by
Peter Goodrich
and
David
Seymour.
Nomikoi: Critical Legal Thinkers
Series editors:
Peter Goodrich
Cardozo School of Law, New York
David Seymour
Lancaster University, UK
Nomikoi: Critical Legal Thinkers
presents analyses of key critical theorists
whose thinking on law has contributed significantly to the development of
the new interdisciplinary legal studies. Addressing those who have most influ-
enced legal thought and thought about law, the aim of the series is to bring
legal scholarship, the social sciences and the humanities into closer dialogue.
Other titles in the Series
Judith Butler: Ethics, Law, Politics, Elena Loizidou
Evgeny Pashukanis
A critical reappraisal
Michael Head
First published 2008
by Routledge-Cavendish
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN, UK
Simultaneously published in the USA and Canada
by Routledge-Cavendish
270 Madison Ave, New York, NY 10016
This edition published in the Taylor & Francis e-Library, 2007.
“To purchase your own copy of this or any of Taylor & Francis or Routledge’s
collection of thousands of eBooks please go to www.eBookstore.tandf.co.uk.”
A Glasshouse book
Routledge-Cavendish is an imprint of the Taylor & Francis Group, an
informa business
© 2008 Michael Head
All rights reserved. No part of this book may be reprinted or
reproduced or utilised in any form or by any electronic,
mechanical, or other means, now known or hereafter
invented, including photocopying and recording, or in any
information storage or retrieval system, without permission in
writing from the publishers.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
Head, Michael, LL. B.
Evgeny Pashukanis : a critical reappraisal / Michael Head.
p. cm.
“Simultaneously published in the USA and Canada.”
Includes bibliographical references.
ISBN 978–1–904385–76–9 (hardback : alk. paper) – ISBN 978–1–
904385–75–2 (pbk. : alk. paper) 1. Law and socialism. 2. Sociological
jurisprudence. 3. Law–Soviet Union–Philosophy–History.
4. Pashukanis, Evgenii Bronislavovich, 1891–1938? 5. Law teachers–
Soviet Union–Biography. I. Title.
K357.H43 2007
340′.115–dc22
2007003289
ISBN 0-203-94526-3 Master e-book ISBN
ISBN10: 1–904385–76–1 (hbk)
ISBN10: 1–904385–75–3 (pbk)
ISBN10: 0–203–94526–3 (ebk)
ISBN13: 978–1–904385–76–9 (hbk)
ISBN13: 978–1–904385–75–2 (pbk)
ISBN13: 978–0–203–94526–1 (ebk)

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