The law of private property under capital
dialectic of appropriation by own labor and expropriation
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Crítica marxista do direito, propriedade privada e equivalência, produção de mais-valor e interversão das leis de apropriação, direito e exploração econômica, Karl Marx e Evgeny PachukanisAbstract
https://doi.org/10.1590/2179-8966/2023/78128i
The article aims to understand the functioning of the private property law under the logic of capital. It supports the hypothesis that, although it appears as a norm of appropriation based on own labor and the exchange of equivalents, the production of surplus value reverses the meaning of the law, establishing forms of appropriation of surplus labor based on exploitation. By revealing only the moment of equality, the norm appears inverted, giving rise to a false perception of its reality, which results in ideological modes of understanding. The conclusion suggests that the capitalist property law is, in reality, a law of expropriation. The method used is the dialectical-Marxian one.
Keywords: Marxist critique of law; Private property and equivalence; Production of surplus value and interversion of the laws of appropriation; Law and economic exploitation; Karl Marx and Evgeny Pachukanis.
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