Marxist Theory of Law Print
Marxist Theory of Law Print
Marxist Theory of Law Print
(Alan Hunt)
I. OPENING PERSPECTIVE
What is Marxism?
- It begs the question, what part if any, does law play in the
reproduction of the structural inequities which characterized
capitalist societies?
- Not the same as “orthodox or traditional jurisprudence.
- Does not offer alternative theory to liberal jurisprudence which is
prevalent in capitalist society.
- In fact, it is directed at controverting the conventional wisdom of
liberal legalism.
- Themes of Marxist Theory of Law are:
o Law is inescapably political or law is one form of politics.
o Law and state are closely connected; law exhibits a relative
autonomy from the state.
o Law gives effect to or mirrors or is otherwise expressive of the
prevailing economic relations.
o Law is always potentially coercive and manifests the state’s
monopoly of the means of coercion.
o The content and procedures of law of law manifests, directly or
indirectly, the interest of the dominant classes.
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- Marx himself did not produce a “theory of law.” It was not a focus of
his attention as he develop his thesis as to politics and economy
though he did have much to say about law that remains interesting
and relevant.
- Law is a specific form of relation. Hence, it is a variety of social
relation characterized by a set of norms that is distinct from other
types of social relations.
- Legal relations is the relations between “legal subjects” which does
not coincide with “natural subjects
o Legal subjects = persons of legal age able to pursue litigation.
Ergo, with legal personality.
o Natural subjects = all others. Example of which is a woman in
the time period of Marx with limited rights. (No right to vote,
own property, etc.)
- Legal relations results to a potential mode of regulation. Potential
only because in a Marxist society, legal relations maybe passive,
largely or wholly because the legal dimensions may not play out in
the said relations.
- As a mode of regulation, the law serves here as an ongoing set of
practices which contributes to the reproduction and transformation
of society.
- Major ingredient in this legal mode of regulation = RIGHTS-
GROUNDED DISCOURSE.
o It means that Rights and duties are distributed between legal
subjects located within social relations.
o Designed not only to embrace a wide range of attributions but
to overlap with wider normative and moral discourse.
o Provides authoritative determination of rights and duties in
litigation, meta discourse which facilitates legitimation and also
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