Abstract

This dissertation focuses on the development and functions of law in a capitalist mode of production. A Weberian perspective is compared with the various Marxist perspectives on law--instrumental and structural Marxism. Differences and similarities are pointed out. ;In the last few years much concern has been expressed about exactly what Weber had to say about the development of law and what functions it served. Similarly, many Marxist criminologists, particularly since the late 1970s have searched through the extensive writings of Marx to determine precisely what his views were. Unfortunately, Marx, unlike Weber, did not develop a systematic theory of law; rather, scattered passages exist throughout his writings, and interested theorists have had to decipher precisely what he said. ;Some key issues that are dealt with are: law in economy in the nineteenth and twentieth centuries--the question of cause; the nexus between rationality in the economic and legal spheres; form and content of law--liberty and coercion; functions of law--facilitative, repressive, and ideological. ;This dissertation will show that contrary to simplistic statements concerning Weber's and Marx's incompatibilities, some analysis of law by both is similar. Weber would in fact agree with some of the structuralist Marxist analysis. We point out, however, the differences that do exist