A brief reflection about the role of legal form and the state form in the construction of the classic italian fascism

Abstract

The present work aims to analyze the relationship between the Marxian and Pachukanian categories of commodity form, legal form and political form with the fascist social process in Italy at the beginning of the 20th century. Based on this analysis, we seek to understand how the law is related to the capitalist mode of production, what is the role of the State in relation to the classes and to the law, the social effects of the capitalist crisis in the transition from its competitive phase to its monopolistic phase, as well as the causes of fascism and its relationship with capitalism and the struggles and disputes in the field of classes and economic, political and legal factors. Fascism is a process of bourgeois society, contradictory, which denies bourgeois democracy in speech and guarantees, with organized militia practice, the perpetuation of the capitalist mode of production, deepening its relations of exploitation and guaranteeing a counter revolution and the disorganization of movements workers. The legal form guarantees the advance of fascism by guaranteeing legal subjectivity even in a moment of suppression of individual freedoms, private property is legally preserved and protected.