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Law in Gramsci's pre-prison work: from the minimum programme of rights to resistance to fascism

Abstract

The research aims to analyze Antonio Gramsci's pre-prison political writings in order to understand the contours that the legal form assumes in these intervention texts on the Italian scene. In this sense, it was possible to identify three conceptual fronts of the legal phenomenon that directly imply the conduct of political praxis. Thus, understanding law not as a secondary expression in Gramsci, it will be possible to theorize, at first, the strategy of a minimum rights program; subsequently, the opposition between an insurgent legality and an industrial legality; and, finally, resistance to the permanent state of siege generated by fascism.

Keywords:
Gramsci; Law; Praxis; Legality; Marxism

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