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Marxist theory - Jurisprudence Revision
Law
Aston University
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Jurisprudence Revision
Marxist Theory of Law and State
Leading figures of the Marxist theory = Karl Marx, Friedrich Engels and Vladimir Lenin. This theory is a comprehensive system of thought covering areas of sociology, history, politics and economics.
Materialism – base and superstructure Theory is materialistic which means that the material conditions of life, i. economic, physical, environmental are the most important factors in society Base consists of relations of production – work conditions, the division of labour [making poor work so rich make money] and the ownership of the mean of production, which people are involved in to produce life’s commodities These relations determines society’s other relationships and ideas and condition the superstructure Yet their relation is not strictly causal because the superstructure often influences the base, however the role of the base in determining the social superstructure is dominant. E. the historical shift away from agriculture to mass industrialisation leads to a change in political models of government.
Marxist historical Materialism Economic determinism – argues that the development of society from one stage to next is inevitable and that it is the changes in the economic environment is which dictates the rate of social development Marxist ideas on social development place much emphasis on the historical stages through which human society has gone.
Historical development of economic relations of produc tion
Marx claimed there were six main stages of development through which societies are supposed to go:
- Primitive Communalism o Earliest stage of society. People come together to live in specific communities o No technology exits therefore no real division of labour o Means of production; e. land are communally owned, no employers/ees, no state of formal law o No formal law exists but it is rather communal morality and social pressure which establishes norms of behavior o However contradictions occur when individuals start owning personal property o With the development of the forces of production e. development and use of instruments of labour it slowly becomes
possible to produce more, resulting in some people owning more than others, inequalities developing. o Division of labour develops from this state of affairs as people diversify in search for more rewarding occupations; people with more wealth seek to acquire more through employing the labour of others. o Division of society into classes results. o As a result a section of the community gradually and inevitably acquire control over the means of production with the rest work for little reward o The State arises under these conditions as an instrument by which the owners of the means of production will seek to maintain their exploitation of the dispossessed who are then kept in a state of subservience through the use of law and other social institutions which arise or are created specifically to protect the interests of the owners of the means of production. These owners then become the ruling class. o The state and its law are the direct product of the economic relations of production where there is division of labour in a class divided society
Slave mode of production o The primitive communalist society strengthen to the extent where ruling classes control not just labour of the oppressed classes but their lives aswell. o Oppressed classes become owned by those who own the means of production o Laws in this mode of production are there to keep economic slaves E. the working class under control – state also serves this purpose o Class struggle becomes inevitable, riots etc. affecting production. Leading to ruling class loosening control which paves the way for new and qualitatively mode of production
Feudal mode of production o Oppressed classes still exploited but cease to be the direct property of the ruling classes. They are given relative freedom and some access to the means of production, being allowed certain property e. portions of land to farm, however are still tied to their feudal lords who ultimately still control means of production o Therefore class division still exists in this society with state and law protecting economic interests of ruling classes o Class differences and contradictions push this society to move on to another mode of production.
Capitalist mode of production
o As most people are relatively satisfied there will be no criminals or antisocial activities which characterise the capitalist mode of production o No contradictions in society as economic relations of production are not exploitative o Thus there is no need for the state nor the law o Such institutions will therefore wither away o Conflicts between individuals will inevitably arise will subsequently be resolved through operation of emerging public communist morality
Marxist Dialectical Materialism
According to Marxist Theory the historical development of society is inevitable Marxists regard opposing contradictions as inherent in all modes of productions. These contradictions are a result of the division in society into classes and exploitative relations of production The contradictions are reflected in the on-going class struggle THESIS (established societal conditions of production) and ANTITHESIS (new and opposing conditions of production) ‘Struggle’ and eventually produce change i. SYNTHESIS (superior conditions of production). From this SYNTHESIS (new established conditions of production evolve), i. THESIS, from which arises new societal contradictions ANTITHESIS (newer and opposing conditions of production) which results in SYTHESIS and so on and so on... The ‘dialectic’ comes from German philosopher Hegel, which Marx adopted and turned on its head. Instead of being the motor of social development ideas simply became the reflection of such societal development The development itself was based on changes within the material conditions of social life The material base underwent changes arising from contradictions within itself and these had little to do with ideas. In each mode of production there was to be found a thesis (consisting of established relations of production) This would then be challenged by an antithesis comprised of elements of class struggle. Resulting in a different set of relations of production which would herald a new mode of production In all this the State law and other institutions have little influence except as instruments in the hands of the ruling class to be used to protect their own interests Institutions of state and law are therefore neither self-supporting nor autonomous but are part of a superstructure
Pashukanis – Marxist interpretation of law Pashukanis was a Soviet Jurist and he applied Marx’s ideas to legal theory.
States that our own Western law is bourgeois law, centered on mythical free-willing individual where as in fact it is an instrument of class- domination. For example our law should be viewed as protecting property rights of the dominant class and the social/moral structure which supports this class Pashukanis then suggests the supposed neutrality of our capitalist law is a myth, as the very form of law in a capitalist society reflects the fact that legal subjects are conceived as property owners Pashukanis argues that all creative processes are seen in terms of commodities (i. can be bought and sold so have a value as commodity including labour). Thus individuals relate to each other as property owners and the law reflects that because it protects primarily the freedom of market transactions Argues capitalist criminal law is primarily designed to protect class interests. He states society, as a whole does not exist save in the fantasies of jurists. In reality only classes with contradictory conflicting interests exist in capitalist society For Pashukanis law is thus an ideological instrument in hands of dominant classes and a successful legal system is system where people do not notice that its primary function is to perpetuate class domination
Marxist theory - Jurisprudence Revision
Module: Law
University: Aston University
![R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No. 2) [2000 ] 1 AC 119, House of Lords](https://d20ohkaloyme4g.cloudfront.net/img/document_thumbnails/25d13a8f2abdd849b7f4971bb0af101f/thumb_300_425.png)
