Beyond Corrective and Retributive Justice?

Marx and Pashukanis on the “Narrow Horizons of Bourgeois Right”

Abstract

This text corresponds to the eighth chapter of the book Equality, Responsibility, and the Law, by Arthur Ripstein, which was first published in 1999 by Cambridge University Press. At this point in the book, the author relies on Marx and Pashukanis in order to address the problems of law and justice, especially considered from the aspect of legal responsibility. Fundamentally, the author develops, in a more explicit way, that idea of Pashukanis according to which the end of the "narrow horizon of bourgeois right" corresponds to the end of individual responsibility and, at the same time, to the beginning of an alternative world in which all misfortunes will be held in common.