The Revolutionary Legal Naturalism Marxist Theory Of Law

Throughout history, the field of law has been subject to various interpretations and theories. One intriguing theory that has gained prominence in recent years is the Legal Naturalism Marxist Theory of Law. This revolutionary approach challenges traditional views on law and offers a unique perspective rooted in Marxist ideology. In this article, we will delve deep into the core concepts of Legal Naturalism Marxist Theory and explore its implications for the legal system.

Understanding Legal Naturalism Marxist Theory

Legal Naturalism Marxist Theory considers law as a product of societal relations within a capitalist system. It posits that laws are not objective or neutral but instead serve the ruling class and protect their interests. According to this theory, laws are a tool for maintaining the status quo and perpetuating class struggles. Unlike traditional legal theories that emphasize the neutrality and objectivity of the law, Legal Naturalism Marxist Theory exposes the law's inherent biases and asserts that it functions to reinforce existing power structures.

The Role of Capitalism in Legal Naturalism Marxist Theory

Capitalism plays a central role in the Legal Naturalism Marxist Theory of Law. It argues that capitalist societies are inherently unequal, with a small elite class controlling the means of production and accumulating wealth at the expense of the working class. Under this system, laws are established to protect the interests of the ruling class and their accumulation of capital. Legal Naturalism Marxist Theory holds that the legal system is not a neutral arbiter but a mechanism of oppression and exploitation.

Legal Naturalism: A Marxist Theory of Law

by Olufemi Taiwo(Reprint Edition, Kindle Edition)

5 out of 5

Language	:	English
File size	:	870 KB
Text-to-Speech	:	Enabled
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	228 pages
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Class Struggle and Law

According to Legal Naturalism Marxist Theory, the law is intimately connected to the ongoing class struggle within society. It asserts that laws are shaped by the ruling class to maintain their dominance and suppress any form of dissent or resistance. Legal Naturalism Marxist Theory argues that the legal system is a tool employed by the bourgeoisie to uphold and perpetuate their power, ensuring that the working class remains subordinate.

Utility of Legal Naturalism Marxist Theory

The Legal Naturalism Marxist Theory has significant implications for the understanding and critique of the legal system. By highlighting the inherent biases and power dynamics present in the law, it offers a more comprehensive perspective on the workings of the legal system and its relationship to societal inequities. This theory challenges traditional legal frameworks and encourages a reevaluation of existing laws and their impact on different social classes.

Legal Naturalism Marxist Theory and Social Change

Legal Naturalism Marxist Theory suggests that true social change cannot be achieved solely through legal reform. It argues that legal reforms within a capitalist system are limited in their ability to bring about significant transformations. The theory calls for a radical reimagining of society, advocating for an alternative economic and political system that eliminates the inherent inequalities of capitalism. From a Marxist perspective, this would require the overthrow of the bourgeoisie and the establishment of a socialist or communist society.

Criticism and Controversy

As with any theory, Legal Naturalism Marxist Theory of Law has faced its fair share of criticism and controversy. Critics argue that it oversimplifies the complexities of the legal system and fails to account for the diversity of legal practices across different societies. Some also question the practicality of completely dismantling capitalism and replacing it with a Marxist system.

The Legal Naturalism Marxist Theory of Law offers a thought-provoking critique of traditional legal theories and their understanding of the law. By highlighting the relationship between capitalism, class struggle, and the legal system, this theory challenges long-standing assumptions and encourages a more comprehensive analysis of the law's role in perpetuating societal inequities. While it may face criticism and controversy, the Legal Naturalism Marxist Theory opens up important discussions regarding the transformation of the legal system and the pursuit of social justice.

Legal Naturalism: A Marxist Theory of Law

by Olufemi Taiwo(Reprint Edition, Kindle Edition)

5 out of 5

Language	:	English
File size	:	870 KB
Text-to-Speech	:	Enabled
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	228 pages
Screen Reader	:	Supported

FREE

Legal Naturalism advances a clear and convincing case that Marx's theory of law is a form of natural law jurisprudence. It explicates both Marx's writings and the idea of natural law, and makes a forceful contribution to current debates on the foundations of law.

Olufemi Taiwo argues that embedded in the corpus of Marxist writing is a plausible, adequate, and coherent legal theory. He describes Marx's general concept of law, which he calls "legal naturalism." For Marxism, natural law isn't a permanent verity; it refers to the basic law of a given epoch or social formation which is an essential aspect of its mode of production. Capitalist law is thus natural law in a capitalist society and is politically and morally progressive relative to the laws of preceding social formations.

Taiwo emphasizes that these formations are dialectical or dynamic, not merely static, so that the law which is naturally appropriate to a capitalist economy will embody tensions and contradictions that replicate the underlying conflicts of that economy. In addition, he discusses the enactment and reform of "positive law"—law established by government institutions—in a Marxian framework.