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Marxist Theory Of Law, Morality & Justice
§ Karl Marx is considered one of the most influential philosophers in the 20th
century
§ 34 years after the Marx death, Vladimir Lenin established the first
Communist State in the Soviet Union in
November 1917
§ Mai Ze dong later also established People Republic of China which is known
as the Communist China or Red China
§ Both communist state claimed that they follow Marx economic and political doctrines
but Marx himself said he is not a Marxist
§ Marx legal theory assumed economics is the basic structure and politics is the super structure
§ The Slave Owing system developed and the reference could be Hammurabi Code
which contain laws on slavery
§ In comparing the Slave system as well as Freudalism, both of it are to
protect the property and interest of the ruling class and the benefits from
production and exploitation is the source of economics for the state.
§ Claimed religion is used as an opium for the people
§ Marx was wrong
to say that under capitalism the working class would get poorer and poorer as
the machinery of productive forces develop
§ In most communist societies, not only the state and law does not wither
away it become stronger and in many senses even more oppressive than capitalist
state
§ An example would be Kerala, which is the first democratically elected
Marxist government is better than any other parts in India
§ Marx’s view on
morality is a form of ideology and that is arises out of particular stage of
development of productive forces and production relations and particular class interest
§ Marx states that
morality of law would wither away under communism but Llyod argued that Marxism in this way however does not completely
reject morality because this ideology is based on human good and how they come
to realised
§ Marx envisages two phases of a future society and Lenin christened them
which are socialism (abolishes exploitation) and communism
§ Marx view if law is oversimplified and later Marxists later also realised
that the law imposes restraints on the ruling class
§ Marxist argue that law enhances security and moral interest of the family
§ Middle class seems to have monopoly in moral sense and it arises from the
ruling classes or the economically more powerful
§ Police etc are also responsible for enforcement of moral legislation as Marxism
claims
Short
points from internet reading:
1.
Marx rejects the idea of creation of god,
and rejected natural law
2.
Marx believed that laws are always the
product of human will and more specifically the arbitrary will of a ruling
social class
3.
Marx’s dream of equality of wealth has led
to gross inequality of powerful government oppression and deification (being
treated like a God) have led to equality of poverty
4.
Claimed to have discovered progressive
pattern of controlling human evolution that will lead to classless individuals
and with this he deprived the state and all laws are merely instruments of
class oppression which will disappear when evolution accomplished
5.
His ideas about law expressed mainly in communist
manifesto and also talks on morality
6.
Contended dictatorship is the only ideal
way for communism to advance
7.
Vladimir Lenin claim that Marx idea do not
protect human rights but regard law as a mechanism for holding the other
subordinated classes obedient to the one class
8.
His theory of the society is the basic and
superstructure
(i)
Basic structure
-
Concerning and relations of productions
-
On the employer-employee conditions
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Property relations
-
Technical divisions of labour
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Where people enter to produce the necessities
and amnesties of life
(ii)
Superstructure
-
Concerns matter such as culture
-
Institutions
-
Political power structures
-
Roles
-
Rituals
-
State
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