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2010-05-11 03:51:28
Jurisprudence Marx

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  1. The mode of production of material life: (Marx)
    It is not the consciousness of men that determines their being, but, on the contrary, their social being determines their consciousness. [Preface to Critique of Political Economy (1859)]
  2. philosophy conception-Hegel
    • This is the conception that is involved when he tells us that philosophy is �its own time comprehended in thoughts�
    • Elements of the Philosophy of Right
  3. Marxian adaptation of Hegel's philosophy-McCarney
    What Marx's work seeks to comprehend in thoughts is the revolutionary movement that is the emergent reality of capitalist society.
  4. Dialectic development-Lenin
    Lenin developed the idea of dialectic into an internal characteristic of the MATTER of ALL PHENOMENA. The principle of opposition was not merely a clash of opposing forces or ENTITIES in the world, but rather a feature inside the composition of all entities. Each and every entity is composed of oppositions and countervailing forces.
  5. Marxian �fetishes.�
    • He believed the PREOCCUPATION of observing how law operates to be-The 3 fetishes described:
    • 1-man cannot live without law
    • 2-law can be studied individually
    • 3-the Rule of Law
  6. Marxian fetish-1
    1-man cannot live without law-TOO SIMPLISTIC-man does not kill each other just because there is no law.
  7. Marxian fetish-2
    2-law can be studied individually-studying law individually, assumes that law is a NECESSITY and a PRIORITY, thereby masking the relationship between normative law and informal customs.
  8. Marxian fetish-3
    the rule of law for Marx simply JUSTIFIES the existing power structure by stating that even the powerful are constrained by the rule of law.
  9. Hegelian dialectic crit-Althusser
    the dialectic �cannot be attacked for its form� instead, Hegel can only be critiqued for a failure of the contents of the form to have actually fulfilled the absolute idea.�Althusser's 1947 thesis �On Content in the thought of G.W.F. Hegel,
  10. Marx's Base-
    composed of the working class (the proletariat), the mode of production
  11. Marx's superstructure-
    the edifice of institutions eg law, that emerge to PROTECT the economic and political interests of the capitalist class
  12. Marx's early view of law-Morrison
    the young Marx believed in law as a PROGRESSIVE VEHICLE for CHANGE;
  13. Later marx-view of law-Morrison
    2-the writings of the later Marx are much more complex and open to various readings. Perhaps the dominant reading has tended to focus upon the consequence of relegating law to a minor role as part of the ideological superstructure, where it has the task of assisting to maintain social relations which have been determined by the economic foundations of society, called the base. Additionally we can develop ideas for Marxists constitutive theory of law, or, put another form, in Marx's theory of law as one of the vital social technique constituting modern social relations and social identities.