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Marx & The Challenge of Competing Jurisprudence
MARXISM & THE CHALLENGE OF COMPETING
JURISPRUDENCE
ü
1st Marxist state is the Soviet Union
and it was established and taken over by Bolsheviks
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2nd was in Mongolia 1920
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3rd was in People’s Republic of China
in October 1949 after a long revolution
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4th Kerala in India 1957 and Bengal +
Kerala ruled by Marxist government
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5th Democratic People’s Republic of
Korea in 1950’s
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6th North of Vietnam
ü
7th South of Vietnam fell to north
Vietnam’s hand April 1975
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8th Laos December 1975
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North Korea no longer practicing the rigid
planning system (which is a fundamental part in the communist system)
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Burma was de facto de jure a one party state
from 1974-1988
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Marxism should not be necessarily equated with
communism or one party states
ü
There are underground communist movements in
Burma, Thailand, and recently Nepal
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1989 was the collapse of communism in Eastern
Europe
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1991 collapse of communism with the Soviet Union
collapse
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Sino-Soviet split in the communist camp in
1950’s
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Neo-Marxist ideas in both politics and economics
an legal aspects
Marxist Concept:
1.
Historical Materialism/Dialectical materialism
2.
Economic interpretation of history
3.
Marxist political economy on state ownership and
central planning
4.
Class struggle
5.
Dictatorship and proletariat
Marxist Legal Theory:
1.
Economics as the basic structure and law as the
super structure
2.
Law as reflection of class interest
3.
Law as instrument of oppression
4.
Establishment of classless society
5.
Withering away of the law and the State
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