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    Ortodoks Marksizmde Adalet Kavrami Baglaminda Modern Devletin Gelisimi
    (Ilem, 2024) Zabunoglu, Hamdi Gokce
    This article examines the development of the mainstream Marxist approach to the development of the modern state form and its relation to the concept of justice. The first part of the article discusses Marx's critique of Hegel. Marx opposes Hegel's idealism and argues that it is civil society, defined as the social activity of human beings, that leads to the emergence of the modern state and not vice versa. Again, Marx accepts the bureaucracy, which Hegel calls the 'universal class', as the so-called universal class. According to Marx, Hegel's relationship between concept and history must be reversed. The article then explores Marx's encounter with Smith's classical political economy and how Marx's theory is derived from Smith's theory. The article concludes by arguing that the distinction between state and society is used within Marxist theory to describe the changes that occurred during the period of the absolutist state, the period preceding the emancipation of capitalist society, and by comparing the classical Marxist depiction of absolutism with Carl Schmitt's analysis of absolutist state sovereignty based on Hobbes' approach, ultimately pointing to the emergence of capitalism as the moment when state and society were reunited under the rule of the bourgeoisie rather than separated.
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    The Form of Law and the State in Determining Capitalist Social Relations
    (Beytulhikme Felsefe Cevresi, 2023) Zabunoglu, Hamdi Gokce
    This article theorizes that the state, through its legal form, determines and limits social cohesion and shapes the reproduction of social relations. In order to understand the role of law in the emergence and reproduction of capitalist social relations, it is necessary to identify the form of the state. The main innovation of political development in capitalist society is the centralization of the monopoly on the legitimate use of violence in a centralized state apparatus. How this is generated and developed through the relations of production in civil society and the content of the interaction of the monopoly of coercive violence with these relations of production are fundamental questions for the discussion of the form of the state. The article first discusses the positivist legal school approach represented by Kelsen, then Weber's approach that emerged as a result of his analysis of modern specialization and rationalization, and finally Pasukanis' approach that interprets the development of the state and law through a historical materialist method.