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Marx, Marxism & the Law .docx

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York University
Social Science
SOSC 2350
Tanja Juric

Marx, Marxism & the Law Developed a powerful critique of capitalism Work combined economics, philosophy, sociology, and history Class conflict, positions of marginalization Contemporaneous with the industrial revolution  Introduction of material  Separation from work and process due to increased mechanization Re: Conflict theory  Law is not the expression of society’s common values  Division by class conflict (have and have not’s in dispute, not wanting to share power)  Modern bourgeoisie is the product of a long course of development- a series of revolutions o Established new classes, new conditions of oppression, new forms of struggle in place of old ones (the middle market due to industrialism, beginning of advertisement and persuasion) Sociological & political  Did not see his sociology isolated from political action  Legal systems evolved with socio-eco system (evolutionary) o A way to explain and predict what society is going to look like  Therefore, Marxism is both a political and sociological approach Historical material conditions (late 19 century)  Crowding and poor living and working conditions  Treating people as less than human  Abuse of labour regulations, inhumane 3 Tenets 1. Dialectical and materialistic philosophy of history (material conditions of reality)  The struggle of opposites (the struggle of new with old produces a new synthesis) always providing a perspective into the other in order to assess  The cycle of history as dialectic (whenever someone is oppressed a revolution will ensue) o Page 20 Calavita – maintaining subordinate positions within labour  Change takes place through many small conflicts that finally add up to a major crisis and social transformation 2. Critique of political economy (critique of capitalism, placing a monetary value on people) 3. Socialist politics (advocating for the rights of all) Basic concepts  Exploitation of those vulnerable  Alienation – being removed from things we ought to be included in (labour)  Historical materialism (placing monetary value) Marx, Marxism & the Law  Base (economic structure) and superstructure – the belief system, illusions, modes of thought, ideals and ideas (affirms that which we think is going on; telling us certain jobs are of more value therefore ought to make more money than someone else)  Social class – proletariat (workers) and bourgeoisies (owners of production)  Ideology (false consciousness) – refers to a belief system of a way of thinking; asking are the truths of society really true, who is benefiting? To expose power relations From feudalism to capitalism  Bourgeoisies rose from oppressed class under feudalism o Due to separation of the individual from the direct sense of work, people became competitive and wanted to rise above in the new system  Built its power by developing the seeds of modern production and trade  Eventually, feudal system of relations no longer compatible with increasingly dominant productive forces  Leads to overall changes in how society is governed (economic determinism, where decisions are made based upon greed and desire for wealth) Economic structure  The foundation of a society, its base, is located in its mode of production  Technology used for economic activity  The system of social relations underlying economic activity in that
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