PHIL 1002 Lecture 11: The General Theory of Law 2
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Lecture 11: the general theory of law 2. Impulse amongst marxists to find a "general theory of law" that can be used for socialist society -- "to demand its own new generalizing concepts for proletarian law appears to be a revolutionary direction par excellence. But this is to proclaim the immortality of the legal form since it tries to wrench this form away from those definite historical conditions which enable its full fruition, and to declare it capable of constant renewal. The withering away of the categories (but not the injunctions) of bourgeois law does not signify their replacement by new categories of proletarian la(cid:449). [ ] the (cid:449)ithering a(cid:449)ay of the categories of bourgeois law will under these conditions signify the withering away of law in general, i. e. the gradual disappearance of the juridic element in human relationships. " ""by its very nature, law is merely the application of an equal scale. "