The Penal Question in Capital
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In the last few years, dissatisfaction has been felt in the ranks of what could be called the ‘juridical left’. This has been due to the need to take a political position on situations of struggle or parliamentary confrontations, while moving from a solid theoretical base. This, in part, has been caused by insufficient elaboration of a Marxist vision of law and of the state, and in particular, of the penal question. There is a need for extensive research, with the principal objective of understanding the particular transitions that the social structure, and, therefore, the state structure, is going through in this moment. Although I do not believe that the exploration of Marxian thought can in any way take the place of such a historical and factual analysis, I do believe that there is a need to bring to light material found in Marx’s work that is often overlooked. But above all, what we can derive from Marx is a lesson on method. This lesson lets us develop a truly Marxist analysis of phenomena such as crime and punishment which is still in touch with our own reality.
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