PPAS 4070 Lecture Notes - Lecture 2: Fundamental Justice, Proletariat, Negative And Positive Rights
Document Summary
Marxist perspective of law is a functional approach in law and society, especially capitalistic society o. Instrumental/functional perspective on law - some people can use the law for their own benefits. Two ways to look at the marxist perspective: 1) whose interest, 2) law is implicated in class projects. Comprehensive understanding of law can be deduced from these two perspectives: from a marxist perspective, we can argue that law can never be equitable. With social classes, the law might interface with you in significantly different manner. The law is no neutral, nor is it the manifestation of social harmony in society: law can legitimate and reproduce capitalist relations. A marxist approach to law sees the law as an instrument to promote capitalist class interests and preserve the capitalist social order. The principles and rules that law is based on match the substantial experience of the law.