The Common Good

Freedom and the Control of the Individual that Lacks Insight into Necessities


Written for the blog of the Human Rights Centre of the Law School at Central South University, Changsha, PRC


Of course, mentioning ”common goods” remains abstract, as long as we do not connect it to concrete forms of social and societal processes. The same is true, if we look at anthropological patterns, usually claiming to be constant, characterising human behaviour independent of socio-historical formations. Remaining on this general level, it is probably fair to say that two tensions guide human beings in their behaviour and acting: The one is the tension between the Ought-To-Be and the Is; the other is the tension between the individual will and societal dynamics. However, making any anthropological reference has to acknowledge that it is always about an anthropology that is specifically shaped by the concrete formation that serves as “frame” and “network of rails” (see Herbert Marcuse in his presentation titled Man in a Socialised World).

Taking this as point of departure, we can see that another issue is about security and problem management – understood as individual and as well as a collective issue. However, such general statement needs to be clarified by establishing a concrete understanding of the different points in question. These are in particular the understanding of security, the definition of the collectivity, and the understanding of responsibility. Against this background the following will highlight some sets of norms and behaviour, allowing a tentative classification – the following may be a justifiable simplification when it comes to different ways in which the crisis is encountered and managed – in some respect we can see this as reflection of different understandings of the common good.

  • La Vita e Bella – even if circumstances changed to the worst. Central is Nessun Problema – no problem. First, any expectation that comes along as a restriction is refuted, then fearfully accepted but only on a superficial level. The pattern is actually well-known from intercultural studies with – amongst others – the following traits:
    • proxemics (relevant is what is close to me, not what is at distance)
    • denial – why should I worry …, it is not me, it is not here (like the child, for whom the parent seemingly does not exist anymore as soon as he/she is around the corner)
    • chronemics (time as “wild ocean”, things overlapping and everything has to be dealt with the second it occurs instead of seeing time as chronologically ordered, like the linen hung up to dry, one after the other …) – which translates into dealing with things as they occur, without any strategic consideration, as in the case of the virus: its coming had been foreseeable but remained ignored until it actually shoerd  for some time
    • kinesics (most part of communication is non-verbal, its interpretation very much depending on tacit knowledge, a pattern that is emphasised, using strong gestures and an expressive body language, appearing to the outsider as eccentric/something that is not explicitly “used”, the person him/herself by and large not aware of it, reserved, hiding behind a mask of neutrality).

How does it translate into the way the corona-crisis is encountered? Taking from some recent communication with my former fellow-citizens (I lived a couple of years in Rome, the city that claims hosting the Holy Grail of western culture): initially, seeing some shops closed, panic showed in eyes and words, feeling like being innocently imprisoned: not being allowed to visit the coffee bar (for us Italians only a matter of minutes, but as essential as the boring blue suit, dressing the Italian gentlemen), not able to meet neighbours and friends for a chat and making up rumours … . – all under the veil of innocence, as catholicism, the quasi-state-religion, is about exactly this: escapism as escape into the here and now, as a friend says: people are having more time for family, to look after themselves … and they are singing from the balconies and rooftops. – All this sounds nice …, until we are getting aware of some bitter facts: the health services are collapsing under unbearable pressure, mismanagement and the lack of an early coordination of intervention. Being a country that depends economically to a large extent on tourism it is – at first glance – of course the best to deny as long as possible. And sadly – though not limited to this country – “it had not been me”: looking for the origin in order to think about preventive measures is of course appropriate; however, to point with the finger on “the bad boys” (it is suggested that the virus arrived from France and Germany, both countries not taking any security measures) is another thing. In a nutshell it is what Francesco, a friend, said many years ago when I criticised the result of the elections. His reply: Certo, Berlusconi è una vergogna. Ma in realtà nessuno si preoccupa di quelo che fa il governo centrale. Noi italiani facciamo quello che ci piace fare. [Sure, Berlusconi is a disgrace. But actually nobody bothers what the central government does. We Italians do what we like to do.]” – And indeed, both are common: the romantic scene of people standing on rooftops or balconies; singing like Luciano Pavarotti, acting like Totò or Sophia Loren…, and feeling like Romeo and Juliette; the common joy – or should I say: the joy of common action – also now and also as expression of solidarity as for instance the virtual choir that is dedicated to the medical workers (; and on the other hand the extremely poor, neglected and self-neglecting – the ugly, not even waiting for the beast, knowing that it will be at most the helpless helper, more likely the police or the fellow citizen who denies their right to be fellow citizen. It may be taken as recurrence of those medieval times: ten young people enjoying themselves in a retreat, mutually entertaining by their narrations, while the ordinary people had been victims of the black death. Boccaccio’s well-known Il Decamerone (腾堡计划中收录的)the well-known outcome, enjoyed by many even today; the suffering of the many wiped away – today as in those days.

  • Alles im Griff – all well controlled and ordered, also a matter of individual freedom – but European freedom has different faces, the German version is about well-ordered life. The country is for good reason known for law and order – the country of poets and thinkers (in German: Dichter und Denker) being at the very same time the country of judges and hangman (in German: Richter und Henker). There are definitely huge advantages of federalism, in principle realising by and large the catholic notion of subsidiarity, suggesting that decisions should be taken as near as possible to the people who are concerned – and actually they should be taken by the people. At the same time we find here the re-interpretation of this principle in the light of the protestant work ethics as presented by Max Weber: work hard for your own benefit which will be in your favour in the after-life – or as the saying goes “every man for himself, and God for us all” (admittedly a slightly obscured presentation of a relatively complex ideology). All this sounds reasonable and attractive, doesn’t it? However, there is definitely a miscalculation when it comes to Corona:

While seemingly something that occurs in multitude, there is only ONE virus: instead of looking for ONE answer, in Germany every Land (“county”) is looking for its own answer: in some there is more or less business as usual, only large public events are not taking place, in others the County-Government announced the state of emergency, some issues are up to the decision by the municipalities … – and in any case, the state of fear has to cope with the virus and with the lack of political and administrative security. Taking up the patterns presented above for Italy, it looks somewhat different for a country like Germany:

  • proxemics (relevant is as well what is close to me, not what is at distance
    • denial – why should I worry …, it is not me, it is not here (but not like the child, for whom the parent seemingly does not exist as soon as he/she is around the corner; instead, it is about the illusion of protestant work ethics: being industrious, not chasing up for the joyful life but being convinced of “standing above evil”)
    • chronemics (time as “wild ocean”, things overlapping and everything has to be dealt with the second it occurs – here this wild ocean is chronologically ordered, like the linen hung up to dry, one after the other … – this translates into dealing with things not as they occur, but in a strategic way, …. – elaborating a plan, consolidating the plan, coordinating it with the different countries, coming to the conclusion that such coordination is not possible, revisiting the plan on the regional level …  this sounds more than ridiculous; and while the advantages of federalism are not denied in total, it is suggested that it is not a pattern that can claim general validity (the reform of the German language [Dittrich, Monika, 2016: German Spelling Reform. Nearly a cultural war; Goethe Institute;; 25.3.2020] at the end of the last century showed indeed such a pattern of taking decisions, recalling them again to taking them again in one of the Laender, not the other etc,. – meaning also a huge material loss. Huge losses are currently also accepted by orienting along the lines of herd immunisation, without any further backing – it is a Darwinist mechanism, following the principle of the survival of the fittest. The presumption is that it is necessary that approximately 60 to 70 % of the population needs to be infected so that can speak of immunity being reached – allowing this means to allow at the very same time a high mortality rate: especially older people, young children, people living under unhealthy conditions (substandard accommodation, homeless people … these are most vulnerable groups, most likely victims paying with their lives.
    • kinesics (most part of communication is non-verbal, its interpretation very much depending on tacit knowledge, a pattern that is emphasised, using strong gestures and an expressive body language, appearing to the outsider as eccentric – here this is not explicitly “used”, the person him/herself is by and large not aware of it, reserved, hiding behind a mask of neutrality).

At some stage then, this neutrality and remaining individual freedom turns into its opposite: the fear if one behaves correctly, if the relevant government (though one may not know which one is relevant in the particular case) made an announcement of which one is not aware, the fear also of the other: isn’t everybody potential host of the virus: the other and oneself? It is not the bellum omnium contra omnes (war of all against all), Thomas Hobbes was talking about – or perhaps it is: at least the very moment one stands in front of the empty shelves, the milk being sold out, the moment juicy lemons are sold out and one has to buy the more expensive ones, not really suitable for freshly pressed juice facing the empty shelves, one has the idea that there could be another virus at play, the virus of fear, which is itself a hiding place, the real name being the “left-alone-you-must-fight-for-yourself-virus”. Feudalism, in its absolutist version, had been about the king announcing l’état c’est moi”. The anti-feudal revolution, at least part of it, resulted in making everybody king, everybody defining him/herself as owner of the common good, boldly claiming as individual what actually belongs to the community – and one may feel alone, though standing in the middle of countless others.

Now, the latter has to be qualified as many are staying at home – being told so or escaping into the apparent security of “the home being my castle”; all this may well be about the revival of the family, mutual support and public responsibility: on the latter, after years of seriously deconstructing the public health system, the UK plans investment in the health sector; the head of the Deutsche Städte- und Gemeindebund (German Federation of Cities and Communities) stating “We are currently becoming a little more considered about whether it is really economic efficiency that is so decisive, whether it is not necessary to say: We are going to maintain certain hospitals, even in the wider terrain.” (Landsberg, Gerd, March 11th, 2020: Schliessung von Krankenhaeusern ueberdenken; interview. SWR Aktuell; translation P.H.). And the family? According to some sources the lack of structuration of the day, living together on limited space, not being used to lively children and the like can often cause domestic violence (; 28/03/2020).

  • EUropean unity – how should it work if unity does not work on the national level and between the member states. In actual fact, lack of coordination and cooperation is in several instances the better option – better at least than competition, hostility and envy. However, the latter is by far not uncommon. Even in circles, that we may call enlightened and cautious about the responsibility, we find critique that may well be founded, that is however appearing as hostile afront, brought forward emotionally instead of searching for common solutions in solidarity. Of course, this is understandable; however it is surely not helpful. Just a few examples may show what is meant:
    • The Italian South Tyrolian tourist industry, severely hit by the corona-bust, complains that in the German North Rhine Westphalia more cases can be counted – many other cases of shaming and blaming could be listed. The mentioned case is, however, especially meaningful as it is about reviving patterns of nationalism that reach far back. Isn’t this a clear sign, showing that the discussion it is not about human lives but about political interests of nationalism and protectionism?
    • Primarily an issue between the United States of America and China, we find also the European Union playing a role in the trade war: mainly the rise of China is seen as a threat, although one should be more precise and speak of geopolitics and a global trade war: the People’s Republic of China is indeed the most successful of a group of countries that is increasingly a threat to the so-called developed world. Sure, a manifold of issues is at stake: the so-called Boomerang-effect, the questionable Rostowian model, the debate on the explanatory reach of quantitative approaches (in particular GDP) towards measuring progress are just a few. Leaving all this aside, of interest is here that the hegemonic position of “the West” – the USA, the EU and the EU-USA – is questioned. As said, China is one of the main “push points”, but also countries as Brazil and not least international cooperative efforts as BRICS and “the Belt” have to be seen as perceived threat. In this light, Corvid19 is a welcome opportunity to argue against China, and to propose even to name the virus “China virus” – we see only slowly the awareness that cause and dealing with epidemics and mass diseases is something that needs to be approached globally (an interesting course from Yale-university can be found here: HIST 234: Epidemics in Western Society Since 1600: – though already from Spring 2010, it did not loose anything of its meaning). – It is surely a bit trite, but there is some truth in what supposedly Blaise Pascale, theologian, physicist, mathematician, physicist, and inventor who lived in the17th century, said: “All men’s miseries derive from not being able to sit in a quiet room alone.” Shall we take it as variation of the insight that man is a social being? – Summarising and in short: not competition and blame, but cooperation and understanding should be at stake.
    • Sure, there is more to it but can we expect citizens behaving rational and considerate, if their political leaders aren’t? At stake is, indeed, eth long-term hegemonic notion that characterises “Western Modernity”. There is, of course, the danger of throwing the baby out with the bathing water, denying the progressive side of the development. However, experiencing the negative side in such a concentrated form as I do now, makes me probably first time feeling deeply what this Europeaness is really about: I am not talking about the short-term issue, namely the reaction on the virus pandemic and its management. It is a mindset that shapes history in the longue durée, the temps des événements and as well the time spanning between these poles (see Braudel, Fernand, 1987: Grammaire des Civilisations; Paris: Flammarion, 1993: 30). It is a common and firm floor, providing sufficient ground for erecting differently featured superstructures. In the present context superstructure is not understood in the traditional Marxist sense; instead, reference is made to the theory of regulation, here put forward in an extended and elaborated form. The core are the accumulation regime, the life regime, the mode of regulation and finally the mode of living. In a nutshell and in a more or less casual formulation and they can be defined as follows:
      • The accumulation regime is the way in which we make money and spend it for reproduction
      • the life regime presents the fundamental pattern of production and consumption in the perspective of classes and social groups
      • the mode of regulation can be understood as the framework and the rail system, supporting and limiting the processes of accumulation
      • finally we arrive at the way in which individuals translate the general opportunities and restrictions into their real life.

It is within this framework, that we find individualism, short-termism and localism being centre-staged by systems and individuals alike. Today, this is in the European and more general western debate frequently reflected by reference to neoliberalism. While this is a valid reference in some respect, it is easily forgotten that neoliberalism itself is a complex and differentiated system. One important aspect can be seen in the fact that on the national level and equally in the European Union we find patterns of centre periphery-relationships, as they had been analysed and elaborated by Immanuel Wallerstein. It is this constellation where we find mutual dependencies, that make an escape nearly impossible. Individual behaviour can hardly be changed due to system requirements; change of the system is equally impossible due to the endurance of individual behaviour. Equally there is the blockage between the accumulation regime and the life regime on the one hand and the mode of regulation and the mode of living on the other hand. The complexity is furthered by the tension between the two different regimes and between the two modes (En passent, underestimating this complexity and its political-economic grounding is the problem with – in tendency – subjectivist approaches that focus on a supposed imperial mode of life as brought forward by Ulrich Brand and Markus Wissen).

One further point at the end of this list remains to be mentioned: all these examples are not least a matter of a certain arrogance of the Western countries towards Asia and in particular towards China. This is about the underlying assumption of the “advanced countries” being advanced in their cultural development, their ability to avoid catastrophe’s like this and to deal with them in the supposedly unlikely case of their occurrence. Although very critical about the politics in China, Verena Kreilinger and Christian Zeller state:

Auch sie gingen vielfach davon aus, dass unsere reichen Länder mit ihrer vorzüglichen technischen Infrastruktur eine solche Herausforderung schon meistern würden. Einige tun das immer noch, womit sie sich ähnlich verhalten wie die sogenannten „Klimaleugner*innen“. Das ist Ausdruck einer völligen Verkennung der Ausbreitungsdynamik des Virus, der beschränkten Leistungsfähigkeit unserer Gesundheitsinfrastruktur sowie der ökonomischen und sozialen Konsequenzen, die diese Krise mit sich bringen wird.

Many of them also assumed that our rich countries with their excellent technical infrastructure would already be able to master such a challenge. Some are still doing so, which makes them behave in a similar way to the so-called “climate deniers”. This is an expression of a complete misunderstanding of the dynamics of the virus’ spread, the limited capacity of our health infrastructure, and the economic and social consequences that this crisis will bring with it.

Translated with (free version)

(Kreilinger, Verena/Zeller, Christian, 21.3.2020: Corona-Pandemie – eine historische Wende Gesundheitswesen gesellschaftlich aneignen, Produktion kurzzeitig und geplant runterfahren! (gegenüber der Version vom 20. März leicht korrigiert und Abbildungen aktualisiert);; 23.3.2020)

At least at this stage, namely since the middle of March, we find some European awareness; this is, however, not a matter of coordination. Instead, it is about the development of a common understanding of the  supposed need defined by the European accumulation regime. Verena Kreilinger and Christian Zeller again, who suggest:

Wir zeigen in diesem Beitrag das schwerwiegende Versagen der europäischen Regierungen und insbesondere der EU auf. Bewusste Entscheidungen, Fehleinschätzungen und Versäumnisse führten dazu, dass Europa zum Epizentrum der Corona-Pandemie wurde. Die Regierungen und die EU sind nicht in der Lage, die für die Gesundheit und das Wohl der Bevölkerung erforderlichen Maßnahmen zu treffen. Sie können das nicht, weil sie sich dem Primat der Kapitalakkumulation und der Wettbewerbsfähigkeit unterwerfen. Anstatt die erforderlichen Einschnitte in alle Sektoren der Wirtschaft vorzunehmen, die für die gesellschaftliche Versorgung nicht notwendig sind, ziehen sie es vor, eine unbestimmte Anzahl Menschen sterben zu lassen.

In this article we highlight the serious failures of European governments and the EU in particular. Deliberate decisions, misjudgements and omissions led to Europe becoming the epicentre of the corona pandemic. Governments and the EU are not in a position to take the measures necessary for the health and well-being of the population. They cannot do so because they are subject to the primacy of capital accumulation and competitiveness. Instead of making the necessary cuts in all sectors of the economy that are not necessary for social care, they prefer to let an unspecified number of people die.

Translated with (free version)

(Kreilinger, Verena/Zeller, Christian, 21.3.2020: Corona-Pandemie – eine historische Wende Gesundheitswesen gesellschaftlich aneignen, Produktion kurzzeitig und geplant runterfahren! (gegenüber der Version vom 20. März leicht korrigiert und Abbildungen aktualisiert);; 23.3.2020)

As said, it is not just the reaction on the virus pandemic. Indeed, it is if it is perhaps the first time that I really feel Europeanness – a mindset that shapes history in the longue durée showing its exclusivity clearer than usually: exclusive equals exclusion.

Earlier it had been said already that this is founded in and leads individualism, translating into egoism and egocentrism, presentism as orientation on short term periods, localism in terms of “reachable space” and finally exclusionism as matter of externalisation. It seems to be fair just see the focus of the entire – Western? Modern? – mindset oriented on the supposed compatibility of leaving the definition of the common good to individuals, resulting also in a strange utilitarian understanding of ones own life.

Nach meinen Regeln – According to my own rules

Tinder, one of the so-called social networks is an example par excellence – what Uber and Didier are for “ride-sharing”, is tinder for … partner-search: “use & enjoy & drop”, just as you like … – ops, just as I like. The critique here is not based on any puritan attitude; it is not questioning changing sexual partners, something that is here simply not of concern. At stake is …, well, even this terminology of things “being at stake”: we are permanently creating ourselves not as personalities but as stakes, “items on a scale”.

Most obviously the incongruence – between and within the nation states – results in different national, reginal social “performances” different with specific emphasis, related to religious festivities, specific national or regional experiences etc., though (nearly) never reaching a real collective identity, something for which we even lack a clear term. And what is it the EU-member states come up with as togetherness? On the 26th of March, the EU-summit proves its inability to act “with one voice and in support of those who need it most” (see the Joint statement of the Members of the European Council, Brussels 26th of March, 2020; Looking at the debates in detail, the decisive step had been postponed: a systematic support programme for the two European member states that are under the most severe pressure. – Having mentioned earlier the being and feeling “really European”, remembering the earlier involvement in these debates, it shows another side of what it can mean that history is like a nightmare determining our life: the seems to be no way out – and protest from within doesn’t change anything; at most it ends in the inability to act.


Hannah Arendt proposed, that it is not cruelty that characterises tyranny but the destruction of the public political realm, the tyrant monopolises for himself (a claim based on supposed wisdom or craving for power), thus insisting that the citizen cares for the private realm, leaving it to him to look after the public realm (paraphrased from Arendt, Hannah, 1958: Vita Activa oder Vom Tätigen Leben München/Zürich: Piper, 1967, Neuauflage: 1994: 215). Of course this is a wide and difficult field – organisations of the civil society are often referred to and equally often criticised as prolonged instrument of the state and/or the ruling classes (see already the critique by Robert Michels, concluding 1915 in his book on Political Parties, an iron law of large organisations: to be effective and influential they have to grow; but if they grow, they stagnate and bureaucratise). If this is an iron law …? In my PhD-thesis I argued against it … but that is another topic. Here, coming back to Hannah Arendt, we know that latest since the “era Thatcher” such sentence as hers would have to refer today to “him/herself” and “him/her”. And looking at the “public”, one issue comes especially these days to the fore, while they are often ignored and forgotten when the question of freedom is discussed: While it is at least at first glance easy to prove individual freedom or oppression, one random pick of a daily newspaper (Neues Deutschland, March 13th, 2020) should make us thinking: page 13 (reports from the Land Brandenburg) has an entire column, considering the difficulties of “limiting public life” in the run of the corona crisis management, about half the page reports on violence of right/fascist forces, 1/3 reports on economic difficulties of public hospitals, not least due to recent cutbacks; half a column on new police equipment; page 14 then: a long article with photo (more than ½ page) on the difficulties to maintain child protection due to recent cutbacks; a short note on shortages to establish barrier-free access of public places; nearly one column on the need of emergency investment: public schools being in a disgraceful state; approximately a third of a page on a “deal” between a small town and the successors of the last Hapsburg-emperor, promising the family a huge amount of money and a gain of reputation. And in the same line it should make us thinking that China and Cuba are now helping other countries, not least Italy – they are helping in a situation that is much worsened by previous cutbacks. A look at relevant data is alarming: According to World Bank data (, the development of the number of beds and the medical staff decrease can be taken as clear indicator for the “success” of neoliberal policies – a frightening development in the light of standards based on professional requirements.

Just so far – some impressions … – looking at expressions: I suppose it is fair to say that much of what we witness is the combination of at least four strands:

  • The objective “threat” given by the virus, and the lack of knowledge countering it;
  • The “national social character”
  • The objective conditions, not least the material resources that determine the space of action
  • The “sensibility of governments”, aiming on coherence of policy making and citizenry – we may speak of social (dis)harmony

While this gives some approximation, the hard classification goes along the lines of containment, i.e. the intended limitation of the spread of the virus; mitigation, the “flattening of the curve”; and finally herd immunisation, possibly to be translated into “famishment of the virus” and it can also be translated into “feed the virus until it is saturated and calms down” – of course, the weakest being especially sacrificed. Each strategy is, of course, based in a specific interest and while caution is needed (as it is with any synopsis, the following can be taken for a useful approximation:

StrategyMeasuresMain GoalExamples
ContainmentMore or less strict control of movement; reducing economic activities on what is necessaryHuman livesChina, South Korea
MitigationControl of movement, especially targeted (“vulnerable people”) and reducing economic activities on necessitiesHealth care managementSeveral EU-member states
Herd immunisationLimited control of movement, often based on appeals; reducing economic activities, while maintaining that “we will us all means we can avail of to ensure that the … economy will withstand this storm.” (U.v.d. Leyen in ORF: Mühsam berechnete Milliarden. 12. März 2020; quoted Kreilinger, Verena/Zeller, Christian, 21.3.2020: Corona-Pandemie – eine historische Wende Gesundheitswesen gesellschaftlich aneignen, Produktion kurzzeitig und geplant runterfahren! (gegenüber der Version vom 20. März leicht korrigiert und Abbildungen aktualisiert);; 23.3.2020; translation P.H.).“keep business going” + health care management + securing individual freedomGermany


Well, it surely is for all of us a difficult situation; difficult to deal and cope with in different respect: the fear of some, the need to accept requirements that limit behaviour, the coping with physical distance which sometimes really comes across as social distance and of course for many the difficulties emerging from material cuts and/or bureaucratic requirements.

Still, there is perhaps a global trend – just a trend that is visible and that is presented here without any qualification, any valuation. 26th of March, I receive a mail, informing me of the death of Lucien Seve – a profound critical thinker, who passed away already on the 23rd. The first victim of the virus I personally know …. knew – and even if he had been already in the 90s … . The message to me has also a link to a French daily, the Huma. I open the page, follow also another link:

“Gérer les décès, les familles, je n’y suis pas préparée…” Le témoignage bouleversant d’Alice, infirmière en réanimation“Managing deaths, families, I am not prepared for it …”

– The overwhelming testimony of Alice, resuscitation nurse – an article reporting on the work of a 33-year old, but also on the hypocrisy of a political system that leaves workers and patients alone. A very personal statement, emotionally touching … . Later I am talking to a colleague from one of the universities here in Berlin. He invites me to join one of the next days for a drink: the regular’s table of the institute I am affiliated with – he sends me later the details, a URL. I promise to join, it will be after a meeting with colleagues from China, Italy and South Africa, preparing an online conference for early April. Indeed, another world is already happening, a somewhat weird world of which we have to master the dangers, and develop the opportunities … – together.

For us an old debate has to be taken up, under changing conditions – and is of interest again what from what find in Pashukanis’ Selected Writings on Marxism and Law:

“Comrade Stuchka, from our point of view, correctly identified the problem of law as a problem of a social relationship. But instead of beginning to search for the specific social objectivity of the relationship, he returned to the usual and formal definition-although a definition now influenced by class characteristics. In the general formula given by Stuchka, law figures not as a specific social relationship but, as with all relationships in general, as a system of relations which corresponds to the interests of the ruling class and which protects it with organized force. Accordingly, within these class boundaries, law as a relationship is indistinguishable from social relations in general, and Comrade Stuchka is therefore not in a position to answer Professor Reisner’s venomous question: how do social relationships become legal institutions, or how is law converted into itself?”

Una risposta a "The Common Good"


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