Poking my nose further into Pashukanis’ criticism of bourgeois philosophy of law:
Typically characterizing slavery and serfdom, legal rights are withheld from the laboring classes and enjoyed by the masters and lords, respectively. In the former case, slaves and serfs all lack the rights which proletarians utilize as “citizens”. For instance, whereas in a slave society political and economic rights are retained exclusively by the masters, then in a capitalist society the working class have equal rights to the ruling class. This rules out the possibility of “slavery”. Despite developing the “degree of culture” not to submit to slavery, proletarians: 1. still produce for those who do not produce for them; 2. within the productive arena, are subject to the interests of the ruling class, who are not subject to theirs; 3. Inasmuch as their livelihoods depend on these relations with the capitalists, they tend to be poorer than the latter. Thus the proletariat remains a subordinate class of workers who provide labor for non producing, non working rulers.
Under capitalism, however, labor power is a commodity and passes through the market in value form like all others. Buying and selling of commodities — e.g. the selling of labor power as commodity to the capitalist — the most basic transaction of capitalism — implies an “equality” of individuals who own commodities. The same process that endows the products of labor as “commodities” bearing “value” also endows the subject with “rights”. “The legal subject is thus an abstract owner of commodities raised to the heavens”. Correspondingly, the highest development of the legal form corresponds to the highest development of the commodity form — capitalist economy. On the other hand, in addition to perfectly realizing the abstract equality of legal form, to the extent that the aim of capitalist production is the production of capital, which may be described as a “capitalized” form of surplus value, it also requires unpaid, unnecessary, forced surplus labor.
The working class does not carry out this labor voluntarily. They do not satisfy their own needs through it but the needs of others. Whatever a worker produces belongs to the capitalist. Their labor is not free activity but imposed by the compulsion of lack of ownership and hence control of the means of production. The proletariat is quickly transformed from an abstract legal subject in the realm of commodity exchange into an instrument for performing exploited, alienated, essentially corvee labor in the process of production. This is the real cost of the capitalist thirst for surplus value. And the workers foot the bill.
In the specific conditions of the capitalist mode of production, this coercion of surplus labor during the working day is covered up by some pile of labor contracts, legal institutions, and the form of law — which only means an increase in the control of capitalists over the workers. The extortion of surplus value is disguised as profits on capital. For the working class, then, in a capitalist society, exploitation alone is involved.