Mikhaïl Xifaras has taught or reminded us2 that the ‘very young Marx’,3 who began by studying law and legal history with Friedrich Carl von Savigny, wanted to turn jurisprudence into true philosophy. But Marx’s critique of what he understood as the juridical fictions produced by what he then called the bourgeoisie - that is,by this ‘revolutionarγ’4 class who wanted to remove the legal right to collect dead wood, a right to the commons of feudal origin, which, as Xifaras shows, was for Marx a very uncomfortable reality5 - ultimately led him to denounce the formal and fictional character of law in general.
In so doing, Marx inscribed work at the heart of what, as the ’effective reality’ of the human condition, constitutes the relations of production through which human beings produce their ‘means of existence’ - and thus transform the world rather than merely interpreting it. They realize it,that is, artificialize it,by realizing the organological fictions occurring in the course of what we ourselves understand as processes of psychic, technical and social individuation.
Stiegler, Bernard. Automatic Society vol 1. Polity Press, 2016.
The forest owner has suffered by the theft of wood only insofar as the wood has suffered, but not insofar as the law has been violated. Only the sensuously perceptible aspect of the crime affects him, but the criminal nature of the act does not consist in the attack on the wood as a material object, but in the attack on the wood as part of the state system, an attack on the right to property as such, the realisation of a wrongful frame of mind.
-> link to situationalists
A deputy from the knightly estate mentioned that in the neighbourhood of Cleve many wood thefts took place merely in order to secure arrest and prison fare. Does not this deputy from the knightly estate prove precisely what he wants to refute, namely, that people are driven to steal wood by the sheer necessity of saving themselves from starvation and homelessness?
-> visited a city jail in Alabama once as a child and was told similar things
dead wood, which might be known as biomass today
The so-called customs of the privileged classes are understood to mean customs contrary to the law. Their origin dates to the period in which human history was part of natural history, and in which, according to Egyptian legend, all gods concealed themselves in the shape of animals. Mankind appeared to fall into definite species of animals which were connected not by equality, but by inequality, an inequality fixed by laws.
-> same as the myth of Epithemeus as Zeus (justice / dike)