The Apartheid of law: reflections on legal positivism at the periphery of capital

Abstract

The article “The apartheid of Law: reflections on legal positivism at the periphery of capital” approaches how the positivist ideology adapted to Brazil and how it is expressed through elements that constitutes the legal form as it has developed in peripheral capitalist countries. Being a part of the discussions held in the doctoral thesis “A snap in law schools: ideological perspectives of university students’ popular legal counsels” (2015), this article presents some elements of the field research that was executed for the doctoral work, based on historical and dialectical materialism. The theoretical framework transits in the field of Marxist tradition, especially the analysis of G. Luckács, E. Pachukanis, I. Mészáros and Florestan Fernandes; also dialoguing with the analysis of Roberto Schwartz and Sergio Buarque de Holanda, as well as some formulations by critical theorists in the legal field .

Keywords:
law and marxism; juridical positivism; ideology

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