This chapter contains sections titled: The Object of Marxist Theory of Law Outline of a Marxist Theory of Law Alternative Marxist Approaches to Law Ideology as Law and Law as Ideology Law and State Economic Relations and the Law Legal Relations and Class Relations Conclusions References.

This volume brings together works written by international theorists since the fall of the Berlin Wall, showing how today's crisis-ridden global capitalism is making Marxist theory more relevant and necessary than ever. This collection of key texts by prominent and lesser-known thinkers from Latin America, Asia, Africa, America, and Europe showcases an area of scholarly analysis whose impact on academic and popular discourses as well as political action will only grow in the coming years. It reflects today's sense (...) of planetary eco-emergency and a heightened interest in political economy that follows discontentment with the growing inequalities in the West and the unequal nature of development in the "global South." The work is organized thematically, with sections covering the present historical conjuncture, the contemporary shapes of the social, philosophical concepts, theories of culture, and the status of the political today. This new formulation of the unity and nature of contemporary Marxist theory will be an invaluable resource to any humanities and social science student learning about social and political thought and theory. (shrink)

Marx did not approach the state in answer to some such broad and abstract philosophical question as: What is the state? Nor did he offer a full sociological or historical or analytic account of state institutions and functions, and there are hence clear and substantial dangers in extrapolating to all or most conditions an account which is, in large part, specific to bourgeois society. Failing a comprehensive and formal treatise on politics and the state, Marx's own discussion consists of a (...) number of scattered and not altogether consistent general observations and some detailed investigation of the role and character of the state in particular historical situations. It seems sensible, then, to begin an elucidation of his account of the state with a comment on the nature of his interest in the subject. Why did he need a theory of the state? At what points does it become important to his explanatory and his revolutionary doctrines? (shrink)

This book familiarizes the English-speaking reader with the debate on the originality of Gramsci’s thought and its importance for the development of Marxist theory. The contributors present the principal viewpoints regarding Gramsci’s theoretical contribution to Marxism, focussing in particular on his advances in the study of the superstructures, and discussing his relation to Marx and Lenin and his influence in Eurocommunism. Different interpretations are put forward concerning the elucidation of Gramsci’s key concepts, namely: hegemony, integral state, war of (...) position and passive revolution. (shrink)

Marx did not approach the state in answer to some such broad and abstract philosophical question as: What is the state? Nor did he offer a full sociological or historical or analytic account of state institutions and functions, and there are hence clear and substantial dangers in extrapolating to all or most conditions an account which is, in large part, specific to bourgeois society. Failing a comprehensive and formal treatise on politics and the state, Marx's own discussion consists of a (...) number of scattered and not altogether consistent general observations and some detailed investigation of the role and character of the state in particular historical situations. It seems sensible, then, to begin an elucidation of his account of the state with a comment on the nature of his interest in the subject. Why did he need a theory of the state? At what points does it become important to his explanatory and his revolutionary doctrines? (shrink)

The first three sections of this lecture address the need for better historical-materialist theorisations of capitalist competition, capitalist classes and capitalist states, and in particular the institutional dimensions of these – which is fundamental for understanding why and how capitalism has survived into the twenty-first century. The fourth section addresses historical materialism’s under-theorisation of the institutional dimensions of working-class formation, and how this figures in explaining why, despite the expectations of the founders of historical materialism, the working classes have not, (...) at least yet, become capitalism’s gravediggers. While recognising that a better historical materialism along these lines will not necessarily provide us with a gps route to a socialist world beyond capitalism, it does suggest a number of guidelines for socialist strategy, with which the lecture concludes. This includes the need for building new institutions capable of defining, mobilising and representing the working class broadly, as well as recognising that the types of parties that can transform working classes into leading agents of social transformation have yet to be invented. A strategic priority must be to start anew at creating the kinds of working-class political institutions which can rekindle the socialist imagination, and develop the socialist capacities to get there. (shrink)

This book familiarizes the English-speaking reader with the debate on the originality of Gramsci’s thought and its importance for the development of Marxist theory. The contributors present the principal viewpoints regarding Gramsci’s theoretical contribution to Marxism, focussing in particular on his advances in the study of the superstructures, and discussing his relation to Marx and Lenin and his influence in Eurocommunism. Different interpretations are put forward concerning the elucidation of Gramsci’s key concepts, namely: hegemony, integral state, war of (...) position and passive revolution. (shrink)

This book makes a theoretical contribution to animal rights issues from a Marxist perspective. Drawing on ethics, politics, and philosophy, it focuses on how to create a social formation that will improve animal welfare. Further, the book enables the readers to grasp current theoretical debates on animal welfare and to gain insight into theoretical and practical perspectives in dealing with the animal issues. The volume will be of great interest to scholars of politics and political philosophy, especially Marxism, and (...) animal rights activists. (shrink)

Modernity is not only the basic theoretical horizon of Chinese and Western Marxism, but also their theoretical object. The understanding of modernity has resulted in the respective characteristic Chinese and Western Marxist theories of modernity. These two schools share three epistemological aspects in common: Marxist intellectual origins; the same analytical framework for understanding modernity; and the same understanding of the basic characteristics of modernity. However, they differ greatly from each other in terms of their social backgrounds, basic attitudes (...) towards modernity, and roles in reality. Their common features reveal similarities between all nation-states in world history and the universality of Marxism under specific historical conditions. Their differences reflect the particularities of Chinese and Western paths to modernization, and the diversity of Marxism in the present era. These two Marxist theories of modernity are destined to come into dialogue and be fused into a new Marxist theory of modernity for the 21st century. (shrink)

Both feminists and Marxists have realized that it is necessary to avoid reductionism and recognize the intersections between gender, race, and class. But we donot have a methodology sufficient to develop this idea. I argue that Bertell Ollman’s book Dance of the Dialectic provides a way to think about intersectionality usingMarx’s methodology of abstraction and his theory of internal relations. As a relational abstraction, gender is intersectional. We may legitimately focus on it, as longas we treat it dialectically. We (...) can recognize that it is not homogeneous but stands in relations of identity and/or contradiction with other social relations. (shrink)

Legal Naturalism advances a clear and convincing case that Marx's theory of law is a form of natural law jurisprudence.

Though Karl Marx never developed a systematic theory of the state, he did have much to say about state action. In recent times philosophers have made attempts to capture essential elements of Marx’s political theory in order to reconstruct a general understanding of his ideas about state action that is consistent with his theory of history. It has been my purpose in this paper to layout and synthesize recent developments in this area with ideas developed in the (...) late 1960’s and early 1970’s in order to obtain a comprehensive understanding of what Marx meant. The debate of nearly two decades past, between instrumentalists and structuralists, is developed here in the context of more recent theories of “abdication” and “class balance” to generate four basic principles of state action consistent with Marx’s statements about the state. (shrink)

Though Karl Marx never developed a systematic theory of the state, he did have much to say about state action. In recent times philosophers have made attempts to capture essential elements of Marx’s political theory in order to reconstruct a general understanding of his ideas about state action that is consistent with his theory of history. It has been my purpose in this paper to layout and synthesize recent developments in this area with ideas developed in the (...) late 1960’s and early 1970’s in order to obtain a comprehensive understanding of what Marx meant. The debate of nearly two decades past, between instrumentalists and structuralists, is developed here in the context of more recent theories of “abdication” and “class balance” to generate four basic principles of state action consistent with Marx’s statements about the state. (shrink)

Radical or Marxist criminology is an influential critique which emerged in the late 1960s and emphasizes how power inequality and structures, especially those related to class, affect the nature of crime, law and justice. The essays selected for this volume draw attention to the influence of structural forces, neglected crime and the ways in which law and criminal justice processes reinforce power structures and contribute to class control.