Fans pick 100 books like The General Theory of Law and Marxism

The definitive radical materialist analysis of the state, and a book that taught me the importance of clear thinking and writing. Opposing liberal conceptions of the state as a social contract that reconciles class contradiction, Lenin elaborates upon and synthesizes Engels’ conception of the state as a machine of class dictatorship that arises due to the fundamental irreconcilability of class antagonism. Written after Lenin studied Hegel’s Logic, The State and Revolution is an elegant piece of dialectical thought. In opposition to both the social democratic and anarchist approaches to the problem of the state, Lenin argues that the bourgeois state should be smashed in order to build a proletarian state, the latter of which must be aimed at withering away along with classes and class antagonisms.

Althusser’s (in)famous article “Ideology and Ideological State Apparatuses” was the result of copy and paste edits from this much longer manuscript. An extended philosophical investigation on how the capitalist mode of production’s duration over time requires a state formation, Althusser eventually ends up elaborating on Gramsci’s conception of hegemony so as to theorize the state machine according to “repressive” and “ideological” apparatuses. The former apparatuses concern the state’s coercive aspect; the latter apparatus concerns its aspect of “consent,” i.e. the promulgation of ideological norms. Although I go back and forth on my assessment of Althusser’s philosophical project as a whole, his work continues to challenge me and has marked the way I understand philosophy as, to quote Althusser from elsewhere, “class struggle in the terrain of theory.”

I first read The Undercommons in a virtual reading group during the early months of the COVID pandemic and was quite taken by its poetics and unfolding conceptual terrain. Beginning with an analysis of academia as a significant ideological state apparatus, Moten and Harney also discuss multiple forms of state violence and capture in racial capitalist formations. From the notion of the settler-capitalist garrison responding to “the surround” of the colonized and marginalized, to the connection between policy and policing, to the logic of reified colonial conquest, to logistics and professionalization, The Undercommons is a meditation on methods of state repression and forms of resistance. Arguing that recognition of the “general antagonism” that underlies the state is necessary for revolutionary politics, Moten and Harney end up echoing Lenin’s insights about class antagonism and false reconciliation in The State and Revolution.

I find Puar’s work to be very useful even if the theoretical framework she uses is different from, though adjacent to, mine. Usually I find the “biopolitical” analysis cloying and idealist, but Puar has developed her own materialist use of this framework that I have learned a lot from. In The Right to Maim Puar examines the liberal state’s use of maiming and debilitation as part of the reproduction of its hegemony. Not only does she examine the way a liberal disability discourse functions to exclude marginalized and targeted populations—proposing a vector of disability, debility, and capacity—she also interrogates how maiming functions in capitalist, colonial, and imperialist state policing. Moreover, her case study of Palestine, based on her own fieldwork, makes the more abstract aspects of her theory concrete.  

In the past fifty years, economic analysis has contributed immensely to legal theory – in fact, it transformed the way legal scholars think about law, primarily in North America but increasingly around the globe.

In this book, one of the founding fathers of this school of thought takes stock of the contributions, limitations, and possible routes to advance law and economics.

Specifically, Calabresi tackles the normative shortcomings of economic analysis as a normative theory, considers ways to overcome these challenges, and highlights the ways in which law and legal thinking can contribute to positive and normative economic analysis.

Critical Race Theory: An Introduction gives an overview of the authors who work in critical race theory and the problems they address. It is a classic put together by two of the most important authors in the field. A terrific way to ground yourself in the literature.

This is the best contemporary introduction to the way in which laws that facilitate market transactions promote peace and prosperity. When philosophy students are introduced to libertarianism, they typically read Robert Nozick’s Anarchy, State, and Utopia, but Epstein’s book is more illuminating and more carefully argued. As with Hayek, I didn’t read this in a friendly spirit, but I was persuaded by the big picture. We disagree about details – a lot of details – but the basic story is sound.

The lion’s share of commentary about the influence of neuroscience on our system of laws has focused on criminal law. What does it mean to punish people for actions that are really the product of biology rather than conscious choice? Alces grapples with what this means for criminal law and its concepts of moral responsibility and builds a thoughtful and compelling argument. But what I really liked was his equally sharp analysis of what this different conception of human agency means when it comes to tort and contract law—legal regimes that we are much more likely to confront in our daily lives.

This remarkable study, first published in Czechoslovakia in 1964 and translated into English in the 1970s, is one of the most profound studies of the Hegelian and Phenomenological dimensions of Marx’s work ever written.

It argues that daily life in capitalist modernity takes the alienated form of a “world of the pseudo-concrete,” in which possibilities for self-development and purposeful creation that is integral to humanity become radically suppressed. If you want to understand why the world is not as you wish it to be, read this book.

It might seem hard to believe, but scholars of contemporary Chinese studies know quite a bit about Chinese history and Confucian thought but little of the history and thought of Marxism-Leninism. I begin my research from a very different perspective.

I had always thought, perversely as it turned out, that anyone working on a subject related to Chinese communism and its policing methods needed a solid grounding not just in Chinese history and thought but also in Marxism-Leninism. Admittedly, much of the post-Stalin discussion of Marxist law has been stolid, uninteresting, and repetitive, but Pashukanis breaks that mold.

His ideas on the withering away of law as capitalism is eviscerated during socialism breathes new life into Marxist debates about the transition stage, thereby offering new insights into the mass line of Mao.