Abstract

The thesis of this study is that there is a plausible, adequate and coherent theory of law which lies embedded in the corpus of Marxist writings. This latent theory of law is a variant of natural law theory, called in the thesis, 'Legal Naturalism'. Marxist legal theory is formally similar to other theories within the natural law tradition. It differs from other theories because it posits a different locus for law from those affirmed by these other theories. Natural law, for Marxism, refers to the "natural law of the mode of production". Legal naturalism is the view that the basic law of a given epoch or social formation is that law which is an essential aspect of the mode of production. Like other natural law theories, legal naturalism asserts that the positive law of any particular society is reflective of deeper structures. ;The legal naturalist interpretation of Marxism differs from existing interpretations in denying that the deeper structures which positive law reflects is solely, or even significantly, economic. They are legal, but naturally legal. Natural law provides a touchstone with which to identify, differentiate, explain and evaluate positive law. The implications of the distinction between natural law and positive law for the evolution and future of law examined and defended