Jurisprudence

1 January 2017

I sincerely acknowledge the help rendered to me by our Faculty for the Jurisprudence. He has helped me a lot whenever I needed any sort of assistance and guidance related to the topic. I acknowledge the sincere help of our library staffs and our net centre-in-charge, who by rendering me help in locating appropriate resources to collect materials. It is a good platform to recognize the help and guidance furnished to me by many persons in this regard; I heartily acknowledge their help and support rendered to me.

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My observations and conclusions are based upon the secondary materials. The methodology adopted by me to draw conclusion about the topic is basically depended upon non-doctrinal research. I took the help of various research papers having focus upon the study of the life of Karl Marx and his addition towards law. I also took the help of text books, novels, magazines, public opinion but to a very limited scope which was basically a feedback from my friends and the most non exhaustive resource that is the internet.

The books I referred to were from the library of Chanakya National Law University. Introduction Karl Marx (1818- 1883) was the first scientific socialist thinker. His socialism was based upon an understanding of the ‘real’ material economic facts. The socialist thinkers who preceded Marx have been designated as ‘Utopians’. There were a number of socialist thinkers before Marx. Although Marxism cannot be reduced to a mere compilation or synthesis of Utopian ideas, there is little doubt that they played an important part in the formation of Marx’s system.

There were important differences between the scientific socialism of Marx and that of his Utopian predecessors. The ‘Utopians’ had regarded poverty as the principal source of the ills of society and private property as the chief cause of poverty. The important thing about the work of Marx is not its originality but its synthetic power. Marxism is scientific because it not only provides the ultimate objectives but gives the systematic account of the means and techniques to be employed towards the attainment of the ideals. Karl Marx is the real founder of socialism.

In his Communist Manifesto, Marx says: “Communism in this sense of the word is essentially a theory of method, it seeks to lay down the principles upon which the transition from capitalism to socialism is to be accomplished and its two essential doctrines are the class war and revolution that is the forcible transfer of power to the proletariat. ” Karl Marx views the notion of Marxist Law from the following perspective, “Law, morality, religion, are to [the proletariat] so many bourgeois prejudices, behind which lurk in ambush just as many bourgeois interests. The assumptions basic to Marxist legal theory—first, that God does not exist; and second, that humans are evolving animals—deny both the possibility of an absolute moral code and the existence of any law grounded in any authority other than human authority. V. I. Lenin says, “In what sense do we repudiate ethics and morality? . . . In the sense in which it was preached by the bourgeoisie, who derived ethics from God’s commandments. We, of course, say that we do not believe in God. ” Taking the concept of matter, Marxism then sets forth to answer three questions: What is the origin of energy or motion in nature?

What causes galaxies, solar system, planets, animals and all kingdoms of nature to constantly increase their numerical quantity? What is the origin of life, the origin of species and the origin of consciousness and mind? Marx and Engels answer all of these questions with three laws. The law of opposites, the law of negation and the law of transformation. His theory of law and state might be described crudely as an economic theory of law and state. This is why Marxist thought proved so attractive of critics of social systems; he saw societies as inherently unstable systems.

Furthermore, he sought the cause of social change in the internal contradictions and conflicts in social systems. The early Marx believes that law is a great progressive force. Under the influence of Hegel, the early writings of Marx identify law as a symbol of a society’s thinking and imply that law can be expressive instrument, enabling a society to lay out central values. In this period Marx adopts a natural law approach; the test of real law is that it enables freedom to enter into a man’s social existence. By contrast: The later Marx appears to downgrade the role of law; law continues to be presented in expressive terms.

Throughout his work Marx implies that by reading social reality of law we can see the hidden play of the real social forces. The ‘real’ operation becomes a crucial site where the contradictions which are fundamentally part of capitalist social life can be exposed. The Origin of Law Marxists explain that law and human rights arise from the interactions of human beings within social structures that contain economic class distinctions. Class divisions within societies create conflict and disorder and therefore law (and the state) comes into existence to deal with this conflict.

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