Marxism and Law / Edition 1

by Hugh Collins

Overview

This book applies the insights of Marxist social theory and politics to law. After presenting a clear and unified discussion of Marxism, Collins examines the special characteristics of legal institutions, rules, and ideals. He focuses particularly on the Marxist critique of the ideal of the Rule of Law, discussing law and class oppression, ideology and law, base and superstructure, the future of law, and class struggle and the rule of law.

Product Details

ISBN-13:	9780192851444
Publisher:	Oxford University Press, USA
Publication date:	02/28/1996
Series:	Marxist Introductions Series
Edition description:	New Edition
Pages:	176
Product dimensions:	5.06(w) x 7.75(h) x 0.47(d)

About the Author

Brasenose College, Oxford

Table of Contents

1. The Marxist Approach to Law		1	(16)
1. What is Marxism?		2	(7)
2. Is there a Marxist Theory of Law?		9	(8)
2. Law as an Instrument of Class Oppression		17	(18)
1. Elements of Historical Materialism		17	(5)
2. Crude Materialism and Class Instrumentalism		22	(8)
3. Objections to Class Instrumentalism		30	(5)
3. Ideology and Law		35	(42)
1. The Marxist theory of Ideology		35	(10)
Class Reductionism		45	(16)
Relative Autonomy		47	(5)
Intra-class Conflict and Survivals		52	(9)
3. The Autonomy of Legal Thought		61	(13)
4. Critique of Ideological Hegemony		74	(3)
4. Base and Superstructure		77	(17)
1. Law in the Material Base		77	(4)
2. Cohen's Defence		81	(4)
3. Rules in the Relations of Production		85	(5)
4. A Concept of Law		90	(4)
5. The Prognosis for Law		94	(30)
1. Fetishism of Law		95	(5)
2. The Withering Away of Law		100	(15)
Scientific Socialism		101	(7)
Pashukanis		108	(3)
Estrangement		111	(4)
3. Human Nature		115	(9)
6. Class Struggle and the Rule of Law		124	(23)
1. The Radical's Predicament		124	(4)
2. The Form of Law		128	(13)
3. Legality and Liberty		141	(6)
Notes		147	(3)
Select Bibliography		150

Editorial Reviews

"A landmark in Marxist jurisprudential writings."—American Bar Foundation Research Journal

"A coherent and well-reasoned ordering of the most salient insights of Marxist analyses of law."—Legal Studies Forum

From the Publisher