CRIM 345 Chapter Notes - Chapter 5: Social Defence

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They are direct corollaries of forms, which are embodied in capitalist commodity exchange. Law gives legal expression to a specific form of economic relations in a way that legitimizes and facilitates the latter. Law reproduces conceptions of the person and of social relations, which are specifically capitalist, since these categories are merely a legal expression of bourgeois values and of the conditions necessary for market exchange. It has historically been shaped by legal responses to economic development. The legal form provides an important regulative structure that sanctions capitalist relationships and enforces the appropriate economic rules. It is a contradiction grounded in life itself, in judicial practice, in society and only revolution in social structures can bring about the conditions needed to dislodge it. The forms of bourgeois consciousness cannot be eliminated by a critique in terms of ideas alone for they form a united whole with the material relations of which they are the expression.

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