Against the background of Marxist views on Law, State, Class, and Property analyse the critique of 'Religion' and 'The Family'.

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Against the background of Marxist views on Law, State, Class, and Property analyse the critique of ‘Religion’ and ‘The Family’.

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Marxism is a social theory whose basic proposition is that social change is driven by class conflict.  The class is determined by its relationship to the means of commodity production, distribution and exchange.  Within a capitalist society the capitalist class control the means of production and the working class provide the means of labour from which surplus value is expropriated by the capitalist class.  The surplus value so expropriated is used to develop and shape the institutions in society to serve the interests of the capitalist class and perpetuate their dominance.  In this theory the state and its laws provide the primary control mechanisms for ensuring a subordinated and compliant working class.  Religion provides the moral and spiritual edifice to justify the circumstances that the working class find themselves in.  The institution of the family provides both a functional role in producing and socialising the labour force required by the capitalist economy.


In order to understand how, within the Marxist paradigm, the various institutions of a capitalist society can contribute to the maintenance of the capitalist system, we need to explore the key institutions of the state, law, class, property, religion and the family.  Within the history of man we can see that societies have existed without a formally instituted state.  This can be seen in societies such as the antipodean aborigines or the American Indians.  However, the emergence of the capitalist system generated classes whose interests are in fundamental conflict.  The role of the state within a capitalist society involves the necessity to hold ‘class antagonism in check’.  It can be said that the ‘state’ is shaped and controlled by ‘the most powerful economic dominant class.’
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1. Engels – Origins of the Family, Private Property and the State (1884)

Lenin summarised the ‘state’ as ‘a product and manifestation of the irreconcilability of class contradiction’.  He said that the state arises where and when and to the extent that class contradiction cannot be reconciled and conversely the existence of the state proves that class contradictions are irreconcilable.  In this view, the primary function of the state, its laws and agencies are not those of providing protection and stability against external and internal threats (invasion and the range of anti-social or criminal behaviour) but as a crude form of oppression of the majority by the minority.

Marxists regard the law as an ideological instrument for maintaining existing social relations.  Marxists believe that the ideology that the law ‘stands above everything else in society’ is a mystification propagated by capitalists.  Some argue that the law resolves class conflict by appearing to let ‘all parties have their say’.  Marxists argue, to varying degrees of sophistication, that the law is formulated, implemented and enforced in a way that promotes and maintains the social relations of capitalist production.  These formulations find expression in the pre-eminence of private Property (its primacy in law and its protection and legitimacy) and in the character of Industrial Relations Law (the long established emphasis on the individual basis of the employment Contract).  Many analysts have noted that the introduction and recent removal of Trade Union immunity and the changing legal definition of ‘lawful picketing’ over time suggest that the relationship between the interests of the Capitalist State and its expression in law is neither simple nor linear.  Marxists emphasise that this reflects both the class contradictions and the accommodations that are required to ‘contain’ and neutralise opposition to the state.  However, these concessions are deemed to be precisely that and are delivered and removed as necessary to support the greater aim of perpetuating capitalism.  Marxists view the capitalist State and its laws as together forming the apparatus of coercion designed to exploit and oppress the working class.

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The Marxist theory of the state, deriving from the application of the concept of dialectical materialism, concludes that there are inherent contradictions (accumulation leading to over-production leading to economic crisis) that will inevitably lead to the destruction of the capitalist class.  This destruction will ultimately lead to the disintegration of capitalism leading to a transition period which can be described as a ‘socialist society’.  Here the law and state would still exist as a coercive mechanism.  However, the law and state would change in its fundamental purpose.  Within a capitalist society the law is said to treat everyone equally ...

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