NCJ Number
59786
Journal
Social Problems Volume: 26 Issue: 4 Dated: SPECIAL ISSUE (APRIL 1979) Pages: 373-385
Date Published
1979
Length
13 pages
Annotation
THE CRITICAL REACTION TO MARXIST PERSPECTIVES ON LAW AND CRIME IS CALLED INTEMPERATE AND UNWARRANTED BECAUSE IT UNWITTINGLY CONFLATES ITS OWN OBJECTS WITH THOSE OF OTHER THEORETICAL STRUCTURES AND IGNORES MARXIST DIFFERENCES.
Abstract
TWO TYPES OF MARXIST THEORY EXIST, THE INSTRUMENTAL MARXIST ACCOUNT OF LAW AND CRIME AND THE STRUCTURALIST MARXIST VIEW. THE INSTRUMENTAL MARXIST PERCEIVES THE LEGAL SYSTEM AS AN INSTRUMENT WHICH CAN BE MANIPULATED ALMOST AT WILL BY THE CAPITALIST CLASS AS A WHOLE OR, IN CERTAIN INSTANCES, BY PARTICULAR FACTIONS OF THE CAPITALIST CLASS. THIS VIEW HAS BEEN BENEFICIAL BECAUSE IT REVEALS THE SOCIAL FICTIONS PROMOTED BY DOCTRINES SUCH AS 'THE RULE OF LAW,' 'EQUITY BEFORE THE LAW,' AND 'THE SEPARATION OF POWERS.' STRUCTURAL MARXISTS ACKNOWLEDGE THAT POLITICAL POWER AND ECONOMIC POWER ARE NOT ALWAYS HELD BY THE SAME GROUPS AT THE SAME TIME IN A PLURALISTIC SOCIETY. THIS EXPLAINS WHY RENT CONTROL AND SOCIAL WELFARE LAWS WHICH ARE DETRIMENTAL TO CAPITALISTS HAVE BEEN PASSED. HOWEVER, THE STRUCTURAL MARXIST MAINTAINS THAT MOST OF THE TIME THE STATE AND THE LEGAL SYSTEM SERVE THE CAPITALIST CLASS. CRITICS OF THE MARXIST VIEW OFTEN DRAW FROM LESS ALIEN THEORIES SUCH AS LABELING THEORY AND CONFLICT OF INTEREST THEORY TO EXPLAIN THE LEGAL SYSTEM. THESE CRITICS DO NOT REALIZE THAT MANY MARXIST CONCEPTS GREW OUT OF THESE THEORIES; THUS, THESE CRITICS ACTUALLY SUPPORT THE VIEWS OF STRUCTURAL MARXISM. SUCH CRITICS ARE CALLED GUILTY OF USING 'NAIVE FALSIFICATION' IN THEIR REASONING, MAKING THEIR WORK OF DOUBTFUL EMPIRICAL ADEQUACY. FOOTNOTES AND NUMEROUS REFERENCES ARE PROVIDED. (GLR)