ABSTRACT
The present chapter proposes a new understanding of the Marxist critique of the Law, in the Latin American context, in light of what it considers the crisis of the present capitalist and colonialist state and legal forms. It embarks on a critical evaluation of a plurality of Marxist perspectives on the law, with particular emphasis on those that sustain its derivative nature. Special attention is placed on what the author considers the awakening in the region of not only new constitutional processes but also and more importantly of new constitutive social and non-state processes of norm production based on the community or communal form. Characterized as non-law, it has an historical potential as a new material source for the normative foundation of a transcapitalist mode of social structuring and governance.
