Introduction to Marx's Problematic, the State and the Law Approached from Latin America and the Caribbean

Abstract

In the present work, he addresses the social forms of the State and Law, from Marxian epistemology, as well as the categories of power and politics, placing particular emphasis on Our America. He does so from the postulation of critical thinking, unity between theory and practice. It is about demystifying the State and Law as supposedly “neutral” forms, as if they were above society, when in reality they emerge from society itself. It will be based on how the State acts as the organizer of the social relations and power bases of capital and presents itself as the one in charge of ensuring the reproduction of the social conditions of production corresponding to the main mode of production of a society. The class character of the State and Law is reaffirmed, as well as the fact that they are disputed categories. It will be argued about the inseparable nature of the State with the Law, since the Law is what originates an ideology of acceptance regarding what the State decides from the defense of its class interests. The law establishes this acceptance with respect to the norms set forth in state decisions. We also develop the relationship with politics, the political and the social, the theme of the statement of “taking power”. Finally we analyze the offensive of capital in the current stage and the extreme right in governments. Particularly we focus on the analysis of the arrival of the extreme right to the government in Argentina, the how, the why.