Q. Marxist theory of law [2019 - 10 marks, 2018 - 4 marks]
Marxist Theory of Law
In the Marxist theory of law, there are three basic assumptions.
1. Law is the product of economic forces. Marx said that the way you work will shape your law and other institutions. He believed in the ‘two level model’ in which ‘economy’ was the ‘base’ and law as well as other institutions were in the ‘super-structure’.
2. Class character of law: The second assumption is the doctrine of the class character of law. According to
Marx and Engels, law is considered to be the tool of the ruling class to maintain its powers over the ruled classes. Law is characterized as an expression of class will and it is the law and the state, and the means of production which determine the character of the various classes in a society.
3. Withering away: The third assumption is known as the doctrine of withering away. There is some controversy about this doctrine. Engels anticipated that the society of the future would substitute (for the government) the administration of things and that state in such a society would wither away.
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