Abstract

FILHO, Orlando Villas Bôas. LAW AS AN “IDEOLOGICAL STATE APPARATUS”: NOTES ON LOUIS ALTHUSSER AND HIS CRITICS. Revista Internacional CONSINTER de Direito [online]. 2023, n.17, pp.207-228.  Epub Feb 28, 2024. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00017.08.

This article intends to analyze Louis Althusser’s thesis about law as an “ideological State apparatus” and some criticisms that are addressed to it. In order to do so, firstly, it focuses on general aspects of Althusserian theory that support his conception of the State as an instrument of class domination. Then, it analyzes the Althusserian theory of the “ideological State apparatuses” to, from there, approach the law as a “State apparatus”. Finally, it concisely examines four perspectives (those of Nicos Poulantzas, Michel Miaille, Pierre Bourdieu and Jacques Commaille) that, from different angles, criticize Louis Althusser’s thesis. The hypothesis is that these criticisms allow for a more effective understanding of Althusserian theory of law as a “State apparatus”. The methodology used is hybrid, descriptive-bibliographic-explanatory. As a result, the article provides a critical discussion of Althusserian theory of law as a “State apparatus”.

Keywords : Law; State; Domination; Ideological State Apparatuses; Critics.

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