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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.