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Marxism and Law (Marxist Introductions)
 
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Marxism and Law (Marxist Introductions) (Paperback)

by Hugh Collins (Author)
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Product details

  • Paperback: 176 pages
  • Publisher: OUP Oxford; New Ed edition (18 Oct 1984)
  • Language English
  • ISBN-10: 0192851446
  • ISBN-13: 978-0192851444
  • Product Dimensions: 19.6 x 12.9 x 1.3 cm
  • Average Customer Review: 4.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon.co.uk Sales Rank: 404,122 in Books (See Bestsellers in Books)

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Product Description

Product Description

In this introduction to Marxism and the law, Hugh Collins presents a unified and coherent view of Marxism, which he uses to examine the specific characteristics of legal institutions, rules, and ideals. He pays particular attention to the place of ideology in law, the distinction between base and superstructure, and the destiny of law in a Communist society. His principal theme is the Marxist critique of the ideal of the Rule of Law. He argues that the main purpose of a Marxist theory of law is to expose the belief in the Rule of Law as being a subtle and pervasive ideology which serves to obscure the structures of class domination within the State. The author frequently subjects the Marxist approach to criticism and he shows that many of the Marxist claims about law are unproven or misconceived. The book is written in straightforward non-technical language which requires no knowledge of either Marxism or law.

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4.0 out of 5 stars Decent criticism of Marxist views on law, 11 May 2009
By M. A. Krul (Utrecht, Kingdom of the Netherlands) - See all my reviews
(REAL NAME)   
That is, to have a general opponent of Marxism in a certain field deal with Marxist views and analysis in such a clear and fair manner. In this case it is Hugh Collins, Fellow of Brasenose College (not particularly known for its radical tendencies) at the time and now a specialist in contract law at the London School of Economics who analyses the possibilities for a Marxist theory of bourgeois law, and he does so with skill and subtlety.

Collins compares various possibilities for a coherent and effective Marxist theory of law, drawing on historical materialism, alienation, class instrumentalism and various other general Marxist 'tools'. This allows him to approach the subject in a manner that becomes increasingly complex and in-depth, as in forming a general theory from these building blocks he is capable of assessing the internal consistency each step of the way. In so doing he rejects the simplistic views of G.A. Cohen and Evgeny Pashukanis, as well as criticizing Lenin and Engels (the latter wrongly attributed) for relying too much on class struggle alone as the determinant factor.

Collins in the end arrives at a comprehensive view that seems to be along the lines of Engels' actual conception of the relation between the legal superstructure and the economic basis, as seen in his letter to Conrad Schmidt (Oct. 27, 1890). Since Collins is surprisingly competent at assessing the value and use of various Marxist terms and tools, he can use the theory of relative autonomy to launch some serious criticisms at the application of Marxism to law in general, which I do not find compelling enough to change my mind but which are certainly worth examining for any radical interested in legal philosophy. It is rare enough to have opponents of Marxist theory make coherent and to-the-point counterarguments, so this deserves a wider reading, to which the reprint should hopefully contribute. It is also helpful for non-specialists that the writing is clear and concise in the best English traditions, and the book is less than 150 pages of actual text.
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