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Vniversitas  2011 

KELSEN Y PAŠUKANIS: LOS DIáLOGOS DE LA TEORíA LEGAL SOBRE LA CORTINA DE HIERRO

Keywords: orthodox marxism, law as a superstructure, law as a bourgeois tool, law and power, legal form fetishism, law as a class violence, hans kelsen, evgeni pa?ukanis, juridical form, ideological criticism.

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Abstract:

the article presents a theoretical reflection about a strange and unexplored dialogue within the canons of reading the philosophy of law: the links between hans kelsen and evgeni pa?ukanis. the reflection is developed around the rigorous analysis of two of the canonical texts of these authors, pa?ukanis' communist theory of the law and the state and kelsen's pure theory of law. the article has as its main objective to make visible the concrete links of legal theory in the second half of the twentieth century, presented in the context of the cold war. in general, the arguments presented by pa?ukanis in the text communist theory of the law and the state are taken here as a response to the approach of the juridical norm as a logical-deductive, abstract and neutral form mainly described in the pure theory of law by kelsen. the article concludes with the proposal's defeat of kelsen, the western deity, at the hands of the soviet author, perhaps trying to revive the ideological criticism proposed on the other side of the iron curtain within our own contexts.

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