This chapter outlines an heterodox Marxist critical theory of the state and law. It first reconstructs the heterodox Marxist approach of Theodor Adorno and Max Horkheimer’s critical theories of the state and law. It then examines the critical theories of Jürgen Habermas, Axel Honneth, and Nancy Fraser. From there it turns to consider a ‘subterranean’ strand of Open Marxist critical theory, examining the work of Johannes Agnoli, Simon Clarke, and Werner Bonefeld. The chapter distinguishes the heterodox Marxist critique of the state and law from classical Marxism, traditional Marxism, and Habermasian critical theory, thereby establishing it as both a specific approach to Frankfurt School Critical Theory and a contemporary Marxist analysis of the state and law.
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