NCJ Number
146715
Journal
Journal of Law and Society Volume: 20 Issue: 4 Dated: (Winter 1993) Pages: 371-397
Date Published
1993
Length
27 pages
Annotation
Marx's conception of law is discussed.
Abstract
This article divides its discussion of Marxist views on law into five sections: the problems of discussing Marxist jurisprudence; the philosophical background to the analysis of law and the state; materialism, political economy, and law; base, superstructure, and the ideology of law; and law, politics, and the state. The author identifies several problems for any student trying to grasp Marx's approach to law, including the fragmentary nature of Marx's writings and distinct changes in perspective throughout various stages in Marx's intellectual life. The author proposes that Marx worked his way toward his fundamental premises on political economy -- which subsequently became the "guiding thread" of his life's work - with philosophical and ethical tools. This philosophical element underpins all his later work. Further, the author contends that Marx's sporadic normative reflections on law appear to reflect ethical themes which run consistently through his work and can be observed in his ideas on alienation and communism. Due to subtle changes in Marx's perspective, however, the author points out a number of unresolved tensions in Marx's work. Even assuming that Marx did have a normative theory of law, the author discusses several difficulties with Marx's theory including Marx's analysis of class exploitation and the somewhat dated character of Marx's theories. Nonetheless, the author predicts an increasing interest in Marx's theories as current-day theorists seek ways to deal with the legacy of rampant market-oriented liberal individualism. 70 footnotes and references