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Who is Karl Marx?

Marxist Theory of Law Asks:

Conclusion

What part, if any, does law play in the reproduction of the structural inequalities which characterize capitalist societies?

While Marx's critiques are not infallible, there is some legitimacy in his critiques about the gaps in an orthodox jurisprudence that should not be discounted.

General Themes of Critique in Marxist Theory of Law

  • Law is inescapably political, or law is one form of politics.
  • Law and state are closely connected, law exhibits a relative autonomy from the state.
  • Law gives effect to, mirrors, or is otherwise expressive of the prevailing economic relations.
  • Law is always potentially coercive and manifests the states' monopoly of the means of coercion.
  • The content and procedures of law manifest, directly, or indirectly, the interests of the dominant class(es).
  • Law is ideological; it both exemplifies and provides legitimation to the embedded values of the dominant classes.

Law is inescapably political, or law is one form of politics

Law and State are closely connected; law exhibits a relative autonomy from the state.

Elimination of elections will unify the public by removing the influence of the dominant class in politics that causes social inequality.

Pros: The creation of law would encompass the needs of the population as whole when implemented by an unbiased unchanging agency.

Cons: This is otherwise known as a dictatorship. Human rights would not increase.

Law should be uniformed among all states free of completion among agencies.

Pros: The elimination of state rights would allow for increased national connectivity and uniformity. Without checks and balance justice can prevail uninhibited with interference from state to national government and vice versas.

Cons: Without a check and balance justice is not likely to prevail but become too powerful. Violations of human right ensue.

Law gives effect to, mirror, or is otherwise expressive of the prevailing economic relations.

Law is always potentially coercive and manifests the state's monopoly of the means of coercion.

Laws major purpose is to protect property produces capital.

Pros: Corporate accountability.

Cons: The elimination of competition infringes on a citizens freedom by reducing their chooses.

The formulation and implementation of law are strictly in the hands of government that is often swayed by the dominant class.

Pros: Laws geared toward the betterment of the whole population.

Cons: Someone is always left out.

The content and procedures of law manifest, directly or indirectly, the interest of the dominant class.

Law is ideological; it both exemplifies and provides legitimation to the embedded values of the dominant class(es)

Law justifies and perpetuates the needs of the dominant class.

Pros: For those in the dominate class ensures their interests are addressed.

Cons: Creates a second class population

Law perpetuates the values of the dominant class.

Pros: If laws were to be geared toward culturally unbiased ideals then everyone would benefit.

Cons: Elimination of diversity.

Marxist Theory of Law

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