Sutton believes studying Marxian Theory is a good way to explain how economics shape the legal system. Marx argues the institutional structure of capitalist society drives historical and legal change which further enforces the social relationships. Moreover, as the economic systems in the world change so do the legal system. Today, law favors the interests of the affluent and power elites. To understand how class conflict drives social change, which includes legal change, we need to study Marxist theory, esp. his work that relates to legal development and the context in which his theory was used throughout history.
Marx’s philosophy comes from the German idealist tradition. He kept the historical change. Didn’t agree with authoritarian politics (Hegel). Agreed with French social order (Utopian socialists: Fourrier and St. Simon). Highly agreed with British political economists (Mill Ricardo, analytical approach.
Marx believed that class conflict derives legal change. To better grasp this he created hos social theory: “classical Marxian model.” 3 themes:
1. relationship between human personality and social organization. Under capitalism “alienation” which provides a foundation for his analyses of class inequality and social institutions. Dob alienates humans from their own labor. Marx says people ironically take away from their own power by limiting human creativity under capitalism which is the rule of the power. Alienation 4 concepts p.5 bottom
Alienation: -separation from the products of their labor
-creation of commodities
-result: warped social relationships (human relationship becomes instrumental (causal?).) men are separated from their creative faculties. When there’s increased dol, (car assembly line) they just do that all day. (or smith’s dol in pin factory. Efficient. But its disasterous for the human pschy.) ppl become alienated from their work product. Marx’s problem: value equals market value. Labor...