Monetary theory of law: a contribution to Marxist critique

Abstract

The possible consequences of applying perspectives based on form-value to the field of law seem to be precisely the guiding theme of César Mortari Barreira's Monetary Theory of Law. In it, the author seeks to transfer the critique of political economy, based on the analysis of form-value, to legal critique, in order to demonstrate that in Marxian value theory, especially in its understanding as monetary theory of value (i.e., which understands money as a necessary form of constitution and expression of value, as opposed to substantialist interpretations), there are theoretical developments capable of illuminating relevant points of what he calls the “socio-legal reproduction of capitalism.” Rather than adding new conclusions or diagnoses to the existing body of Marxist legal theory, Barreira's work actually invites a reconfiguration of the central categories of political economy criticism and, consequently, of criticism of the world of legal forms. Thus, it becomes possible to speak of a monetary theory of law that goes hand in hand with a monetary theory of value.