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The critique of the legal form of capitalism by E. B. Pashukanis has risen to prominence once again. However, the negative origin of the concept of the legal form, the critique of formalism and instrumentalism, has received too little attention. This essay substantiates the significance of Pashukanis’s critique, avoiding both overly general and narrow conceptions. Moreover, it proposes that his neThe critique of the legal form of capitalism by E. B. Pashukanis has risen to prominence once again. However, the negative origin of the concept of the legal form, the critique of formalism and instrumentalism, has received too little attention. This essay substantiates the significance of Pashukanis’s critique, avoiding both overly general and narrow conceptions. Moreover, it proposes that his ne
