Wednesday, 7 January 2015

05:56 - 1 comment

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
ü   2nd was in Mongolia 1920
ü   3rd was in People’s Republic of China in October 1949 after a long revolution
ü   4th Kerala in India 1957 and Bengal + Kerala ruled by Marxist government
ü   5th Democratic People’s Republic of Korea in 1950’s
ü   6th North of Vietnam
ü   7th South of Vietnam fell to north Vietnam’s hand April 1975
ü   8th Laos December 1975
ü   North Korea no longer practicing the rigid planning system (which is a fundamental part in the communist system)
ü   Burma was de facto de jure a one party state from 1974-1988
ü   Marxism should not be necessarily equated with communism or one party states
ü   There are underground communist movements in Burma, Thailand, and recently Nepal
ü   1989 was the collapse of communism in Eastern Europe
ü   1991 collapse of communism with the Soviet Union collapse
ü   Sino-Soviet split in the communist camp in 1950’s
ü   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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