Jurisprudence: Marxism

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CHANAKYA NATIONAL LAW UNIVERSITY

PROJECT REPORTS FIFTH SEMESTER 2010

JURISPRUDENCE

ON THE TOPIC “MARXIST INTERPRETATION OF LAW”

GUIDANCE AND INSTRUCTIONS BY :

MR. MANORANJAN

FACULTY FOR JURISPRUDENCE

SUBMITTED BY:

TULIKA SINGH
ROLL NO. 278

Acknowledgement:

This is to state that I, (TULIKA SINGH, ROLL-278) completed my fifth semester project work of JURISPRUDENCE on the topic “MARXIST INETERPRETATION OF LAW”. This project would have not come to an end successfully without the help of many distinguished and undistinguished personalities. 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. Without the help of the above mentioned personalities and many unrecognized people this project would have never been completed.

TULIKA SINGH

Contents

RESEARCH METHODOLOGY Pg. 4

INTRODUCTION Pg. 5, 6

ORIGIN OF LAW Pg. 7, 8

DEVELOPMENT OF MARXIST LEGAL THOUGHT Pg. 9, 10

EMPIRICAL LEGAL ORDER AND SOCIAL JUSTICE Pg. 11, 12

LAW AND SOCIALIST ECONOMY Pg. 13, 14

CONCLUSION Pg. 15

BIBLIOGRAPHY Pg. 16

Research Methodology

The topic “MARXIST INTERPRETATION OF LAW” is a very vast topic. 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,...
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