Critique of the theory of the derivation of the state from the legal form

The article aims to submit the theory of the derivation of the state, specifically the theoretical-methodological presuppositions of Hirsch and Holloway, to the Marxist critique of the juridical form proposed by Evgeni Pachukanis. The aim is to reveal the role of legal and contractual mediation in capitalist relations of production, determining its specificity as a decisive element in understanding the nature of the political form, and banning any reading that enables the prospect of overcoming capitalism through the social forms necessary for the reproduction of capital, by applying the method to social rights. Finally, a critique is made of the predominant models of Derivation Theory in Latin America, presenting, schematically, the model that has been adopted by the DHCTEM USP group.

Keywords:
Derivation of the State; Marxist Critique of the Legal Form; Marxism