Strategic Implications of Legal Constitution: Between Necessity and Contingency
本文区分了法律构成作用的必然维度（法律是资本主义的必要权力关系）和偶然维度（这些关系的历史制度方式），帮助理解法律在激进政治斗争中的潜在角色，指导何时以及如何策略性地运用法律。
Abstract This article offers a novel perspective on the ‘constitutive role’ of law and discusses the contribution that such a perspective can make to our understanding of law’s potential role in radical political struggles. It suggests that a distinction should be drawn between the necessary dimension of law’s constitutive role—the fact that law is one of capitalism’s necessary power relations—and the contingent dimension of that role—the historically variant ways in which those relations have been institutionalised, and the legal form of power given concrete expression. The article shows how this distinction can help refocus questions about the role of law in radical political struggles and can help inform strategic decisions about whether, when and how law might be mobilised in the context of such struggles, including how law might be used in explicitly subversive ways.