From hegelian social philosophy to legal marxism. Criticism of contemporary law

Abstract

The aim of this study is to analyze through the lens of the Frankfurt School of Social Research’s critical philosophy on the root of the rationale through which legal Marxism conceives the modern juridical order in the role of a system of oppression rather than of emancipation. For this, the topic will be approached from a perspective connected with the Hegelian conception of social freedom and from the perspective of authors such as Theodor Adorno and Walter Benjamin ascribed to the critical theory of Frankfurt. This critical analysis will also turn to philosophy of law´s authors the same as Norberto Bobbio (regarding to Gramsci) and Juan A. Pérez Lledó. The outcome of this brief analysis on the connection between critical philosophy and legal Marxism arrives to the idea of the impossibility to develop any emancipatory theory of positive law under certain social, legal-political, and economic conditions.