Forma jurídica burguesa y crisis ecológica: una aproximación marxista al derecho ambiental

Abstract

This paper seeks to develop a particular view of the legal phenomenon likely to include a social structural analysis in relation with the “environmental crisis” of global reach, understood as the expression of the breakthrough expropriation of the capitalist mode of production, the development of a particular view of the legal phenomenon likely to include a social structural analysis. In this context, presents a perspective capable of accounting for the place of law in the social whole, in order to avoid approaches that tend to consider social as ultimately determined by their normative propositions. In this sense, against the conception that is the legal regulation of the relationship between owner-thing as the key to limiting the economic development towards environmental protection, the structural relationship between private property rights and property type is proposed as a central issue when addressing the reproduction of the production media.