State derivation

State derivation has been understood since the 1970s as an attempt within Marxism and neo-Marxism to explain the emergence and extent of the state and its law within the bourgeois, modern economic system and therewith to derive the relationship between economics and politics from the structure of capitalist production.

In the 1920s, the legal scholar Evgeny Pashukanis foreshadowed the debate with his explanation of the legal form of commodities. In the 1970s Western Marxism resumed the state derivation debate dominated by the works of Gramsci, Althusser and Poulantzas. In West Germany, however, as a result of the student movement’s political expectations of the first post-war social democratic-led government of Willy Brandt, an exclusive debate occurred, the Staatsableitungsdebatte.