Pashukanis: effectiveness and validity of a marxist view of the law applied to the case of Chile

Abstract

The following article aims to present, in a coherent way, both the concept of legal effectiveness and its relation to legal validity, within the theoretical project of Eugeny B. Pashukanis, shifting the center of the analysis from a normative or formal perspective to a sociological Marxist matrix. The author criticizes the logic of selfreproduction and naturalization of the Law based on liberal roots, which nevertheless had its use in breaking feudalism and absolutism and generated a framework based on which the primacy of bourgeois property values over universal social rights acquired legitimacy. The analysis is also applied to the case of Chile, whose constitution sanctifies private administration, even in the case of pension funds.