Abstract

This chapter discusses a radical's predicament in defining revolutionary practice with regard to law, and how a solution to this predicament can be found. It argues that that the general dilemma faced by many radicals with regard to law must be approached pragmatically. There may be moments when either reformism or insurrection will yield short-term gains for the working class. These benefits must be weighed against the probable consequence of encounters with the legal system — that the foundations of the liberal state are likely to be made more secure against revolutionary action. In certain cases, however, there will be a relatively clear choice for the radical. Taking the touchstone of Marxist strategy to be the heightening of class-consciousness, it is evident that certain legal conditions increase the opportunities for a working-class movement to gain cohesion.