Evgeny Pashukanis

Yevgeny Bronislawowitsch Paschukanis (in Russian Евгений Брониславович Пашуканис, scientific transliteration Yevgeny Bronislavovič Pašukanis; born February 23, 1891 in Stariza, Tver, † September 4, 1937 ) was a Soviet jurist and Marxist philosopher of law.

Life

Early age of 16, he became involved in the Central Committee of the Socialist Students and young workers in St. Petersburg. 1909 took Paschukanis the study of law in Petersburg on. The tsarist police arrested Paschukanis because of his political activities, and directed him to leave Russia. He traveled to Germany, and sat at the Law Faculty of the Ludwig- Maximilians- University in Munich continued his studies.

Together with Pyotr Ivanovich Stuchka (1865-1932) founded Paschukanis 1922 within the Socialist Academy of Social Sciences ( later renamed the Communist Academy of Social Sciences ), the Section of General theory of state and law. At the same time he worked at the State Department in 1920 as Deputy Head of the Department of Economics and Law, and was also a consultant from 1921 to 1923 in the Representation of the USSR in Berlin.

He and Stuchka created a three-volume encyclopedia of State and Law (1925-1927), and issued the periodical revolution of the law. Paschukanis was also a member of several journal editorial staff. He was in 1927 a full member and vice president of the Communist Academy, and in 1931 director of the Institute for Soviet construction and Soviet law. 1936 he was appointed Deputy People's Commissar of Justice of the USSR. As part of a Constitutional Commission, he worked on the Soviet constitution of 1936.

Paschukanis ' school, known in the U.S. as " Commodity Exchange School" ( of law ), coined the Soviet legal theory by the end of the 20s, and represented the Marxist theory of law also about the Soviet Union's borders. Under the rule of Stalin Paschukanis maintained its functions and the prominent position in the Soviet jurisprudence up to his disappearance at the time of the Moscow show trials. However, he had previously represented theorems of the withering away of the state under communism, and revoked by the impossibility of a proletarian or socialist law. After slanders he was arrested in 1937 and probably shot without trial.

Paschukanis was reinstated on 31 March 1956 by the Military Division of the Supreme Court of the Russian SFSR. As part of the run in the 1970s, especially in German-speaking state derivation debate his work got new relevance.

Works

  • General Theory of Law and Marxism attempt at a critique of the basic legal concepts. Publisher of literature and politics, Vienna 1929
  • Contours of international law. With a foreword by Theodor Schweisfurth. Berlin Verlag, Berlin, 1971 ( Russian edition 1935)
  • General Theory of Law and Marxism. With a review of Karl Korsch. Verlag Neue Kritik, Frankfurt am Main 1966 ( = Archive Socialist literature Volume 3 )
  • General Theory of Law and Marxism, attempt a critique of the basic legal concepts ( 1923), reprint of the first German edition of 1929, ed. and provided with an appendix by H. Klenner and L. Mamut, Berlin / Freiburg in 1991.

Biography

  • Andreas Harms: commodity form and legal status: The legal theory of Eugen Paschukanis, Nomos, Baden -Baden 2000 ISBN 3-7890-6783-0, ISBN 9-7837-8906-783-9
  • Norbert Reich: Pašukanis, Evgenij Bronislavovič. In: Michael Stolleis (ed.): lawyers. A biographical dictionary. From antiquity to the 20th century. CH Beck, Munich 1995 ISBN 3-406-39330-6, pp. 475-477.
Staritsa, Staritsky District, Tver Oblast Commissar#People.27s Commissar Moscow Trials Russian Soviet Federative Socialist Republic Name Authority File
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