scholarly journals Law, Marxism and Method

2018 ◽  
Vol 16 (2) ◽  
pp. 647-655
Author(s):  
Paul O'Connell
Keyword(s):  
Social Change ◽  
Class Struggle ◽  
Reference Points ◽  
Comprehensive Theory ◽  
The Law ◽  
Theory Of Law ◽  
Key Resources ◽  
Marxist Tradition ◽  
Analytical Reference

Law is crucial to the maintenance and reproduction of capitalism. While Marx never produced a comprehensive theory of law, state and rights, there is much in his work, and in the broader Marxist tradition, that can help us understand the nature and role of law in contemporary capitalism. This paper sketches out some of the key resources from within the Marxist tradition that can assist us in developing Marxist understandings of law, state and rights today. Specifically, the focus is on the question of method, drawing out three key strands from Marx's own work: (i) the importance of dialectical materialist analysis; (ii) the historically specific and transitory nature of capitalism and (iii) the centrality of class antagonism and class struggle. The argument advanced here, in sum, is that Marxist explanations of law, state and rights should foreground these analytical reference points, in order to make the role of law intelligible, and to begin to sketch how movements for fundamental social change might understand and engage with the law.

scholarly journals Philosophical and Legal Foundations of the Comprehensive Theory of Law

wisdom ◽  
2021 ◽  
Vol 1 (1) ◽  
pp. 223-231
Author(s):  
Sergey ZAKHARTSEV ◽  
Viktor SALNIKOV
Keyword(s):  
Legal Theory ◽  
Social Phenomenon ◽  
Comprehensive Theory ◽  
Legal Foundations ◽  
The Law ◽  
Theory Of Law ◽  
Comprehensive Study

The article is devoted to the clarification of the essence of the law. The article examines the ontology of law, and the epistemology of law reflects the philosophical problems of law. The conclusion about the law as a contradictory social phenomenon is formulated. The article substantiates the theory of the comprehensive (all-encompassing) study of law as a philosophical and philosophical-legal theory, the purpose of which is characterized not in the justification of any one theory of law but in the comprehensive study of law, taking into account all available theories. The comprehensive theory allows us to look at the law philosophically, stating the different properties of the object, their manifestations and contradictions. The article argues that it is the philosophical attitude to the law that many scientists lack.

Cambio social y costumbres laborales: Contradicciones entre uso y proteccióón del bosque en Huitzilac, Mééxico

2002 ◽  
Vol 18 (2) ◽  
pp. 323-350
Author(s):  
Margarita Estrada Iguííniz
Keyword(s):  
Social Change ◽  
Forest Management ◽  
Rural Populations ◽  
Way Of Life ◽  
Peasant Communities ◽  
Goods And Services ◽  
Contemporary Perspective ◽  
The Law ◽  
Mexican Populations

From both a historical and a contemporary perspective, this article explores the role of rural Mexican populations in forest management programs. Using the experience of Huitzilac, Morelos, the study shows how, through such age-old practices as felling trees and marketing timber, rural populations participate in the process of social change. By preserving traditional customs, peasant communities are not only defending their way of life, but are also augmenting their capacity to buy goods and services in the marketplace. And in doing so, they do not hesitate to ignore or circumvent the law. Desde una perspectiva históórica y contemporáánea, este artíículo explora la participacióón de las poblaciones campesinas en programas para el uso y manejo de los recursos forestales. A partir de la experiencia de Huitzilac, Morelos, se muestra cóómo algunas práácticas laborales antiguas como la tala y venta de madera son parte de la participacióón de la poblacióón rural mexicana en los procesos de cambio social. Al mantener costumbres tradicionales, las comunidades campesinas no sóólo defienden su modo de vida sino tambiéén aumentan su capacidad de acceder a bienes y servicios que se ofrecen en el mercado, y para lograrlo no vacilan en ignorar o circundar la ley.

scholarly journals Essay on Politica (Politics and Policy) Once Again

2019 ◽  
Vol 7 (2) ◽  
pp. 96-105
Author(s):  
Andrzej Czajowski
Keyword(s):  
Energy Policy ◽  
Political Thought ◽  
Legal Theory ◽  
Psychological Theory ◽  
Science Literature ◽  
Human Needs ◽  
Term Energy ◽  
The Law ◽  
Theory Of Law

AbstractThough the term “policy” has already been discussed extensively before, it appears to be in need of a critical review in meaning and context. In this essay, the criticism stems from the term “policy of the law”, which was introduced into the political science literature over 120 years ago by Leon Petrażycki, the outstanding creator of psychological theory of the law and the only world-known Polish lawyer. The term itself is false and incorrect as it’s equal to the term “policy of the policy”. Law is a political phenomenon cocreating policy. In addition, the concept of policy of the law is characterised by idealism bordering on naivety. Because of the place of L. Petrażycki in Polish tradition of the theory of law, references to his concept of policy of the law are made constantly in an attempt to apply this concept in scientific and practical considerations. It is time to leave it to the domain of history of legal theory.Another criticism was brought about by the title of the third chapter of Polish Energy Law Act — “Energy Policy”. This entire act and a number of other legal acts regulating the acquisition of energy sources and energy management comprise energy policy. The energy policy also includes various types of programs, actions and decisions of the participants of energy policy. The criticism of the incompetent use of the term “energy policy” is an opportunity to stress the role of policy in the process of meeting human needs.Thirdly, the term “policy” is determined by discussing an element of its structure: political thought. The essay presents the role of political thought in relation to economy, culture, independence, systems and other domains of human activity. The understanding of political thought as a reflection on policy or views on policy is questioned here. Political thought is not a reflection about the policy. Instead, political thought is a political decision which cocreates policy. It is a postulative decision resulting from scientific or common reflection on policy.

Indeterminacy in the Law

2019 ◽  
pp. 122-168
Author(s):  
David Lanius
Keyword(s):  
Communication Theory ◽  
Syntactic Ambiguity ◽  
Different Types ◽  
The Law ◽  
Theory Of Law

This chapter examines the role of lexical and syntactic ambiguity, polysemy, as well as gradual and multi-dimensional vagueness in the law. It relates the legal functions of generality and conversational vagueness and finally surveys the different types of pragmatic indeterminacy. This examination shows that semantic vagueness is less relevant to the law than the debate on vagueness suggests. There are two basic reasons why the role of vagueness is overestimated by many participants in the debate. First, most examples given by them are not in fact instances of vagueness, since they structurally neglect the role of context and other forms of indeterminacy. Second, they uncritically presuppose the correctness of the communication theory of law. Its incorrectness, however, which was shown in the previous chapter, casts further doubt on the role of linguistic indeterminacy in law in general.

Pengatuan Hukum Terhadap Narkotika Jenis-Jenis Baru yang Belum Terdaftar

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Rizky Maulana Hakim
Keyword(s):  
Hazardous Materials ◽  
Legal Certainty ◽  
Next Generation ◽  
The Law

We realize that in the community, it is still close to the night world which can plunge the nation's next generation, through drinking, gambling, and especially Narcotics. There are many rules related to this problem, it is still possible that the minimum knowledge of the community is what causes users to become victims of the rigors of using drugs.In discussing this paper, we will take and discuss the theme of "Legal Certainty and Role of Laws on Narcotics (Narcotics and Drugs / Hazardous Materials) by Users and Distributors." The purpose of accepting this paper is, first, to be agreed by the reader which can be understood about the dangers that need to be discussed regarding the subjectivity of the drug itself; secondly, asking the reader to get a clue about actually addressing the urgency about the distribution of drugs; round, which is about knowing what the rules of the law and also the awareness in the surrounding community.Keywords: Narcotics, Role of Laws, Problem, Minimum Knowledge, awareness

The Role of Women in Pursuing Scottish Criminal Actions, 1580–1650

2020 ◽  
Vol 24 (2) ◽  
pp. 232-250
Author(s):  
Stephanie Dropuljic
Keyword(s):  
Early Modern ◽  
Legal History ◽  
Criminal Court ◽  
Current Understanding ◽  
The Law ◽  
Role Of Women

This article examines the role of women in raising criminal actions of homicide before the central criminal court, in early modern Scotland. In doing so, it highlights the two main forms of standing women held; pursing an action for homicide alone and as part of a wider group of kin and family. The evidence presented therein challenges our current understanding of the role of women in the pursuit of crime and contributes to an under-researched area of Scots criminal legal history, gender and the law.

Buried Narratives: Exhuming the Mother's Story in Oliver Twist

2018 ◽  
Vol 8 (3) ◽  
pp. 247-266
Author(s):  
Michelle L. Wilson
Keyword(s):  
Social Change ◽  
Maternal Inheritance ◽  
The Novel ◽  
Poor Law ◽  
The Family ◽  
The Law ◽  
First Time ◽  
Critical Consideration

Initially, Oliver Twist (1839) might seem representative of the archetypal male social plot, following an orphan and finding him a place by discovering the father and settling the boy within his inheritance. But Agnes Fleming haunts this narrative, undoing its neat, linear transmission. This reconsideration of maternal inheritance and plot in the novel occurs against the backdrop of legal and social change. I extend the critical consideration of the novel's relationship to the New Poor Law by thinking about its reflection on the bastardy clauses. And here, of course, is where the mother enters. Under the bastardy clauses, the responsibility for economic maintenance of bastard children was, for the first time, legally assigned to the mother, relieving the father of any and all obligation. Oliver Twist manages to critique the bastardy clauses for their release of the father, while simultaneously embracing the placement of the mother at the head of the family line. Both Oliver and the novel thus suggest that it is the mother's story that matters, her name through which we find our own. And by containing both plots – that of the father and the mother – Oliver Twist reveals the violence implicit in traditional modes of inheritance in the novel and under the law.

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