A remarkably strong claim for the form of rights-based law, as not simply homologous with the commodity form, but as internal to the dynamics of value under capitalism, lies at the heart of Evgeny Pashukanis’s book Law and Marxism. As the text indicates:
Man as a moral subject, that is as a personality of equal worth, is indeed no more than a necessary condition for exchange according to the law of value. Man as a legal subject, or as a property-owner, is a further necessary condition. Finally, these two stipulations are extremely closely connected with a third, in which man figures as a subject operating egoistically. All three of these seemingly incompatible stipulations which are not reducible to one and the same thing, express the totality of conditions necessary for the realisation of the value relation.
Read in the light of Christopher Arthur’s reframing Introduction, Pashukanis is making the argument that the contract, and all that goes with it, is internal to the wage-labour relation as a key relation of production and to commodity exchange as a key moment in the realisation of value in the reproduction of capital.



