This chapter begins with a discussion of Marxism, which is a theory about the meaning of history. According to Marxism the meaning of history is that man's destiny lies in the creation of a Communist society where men will experience a higher stage of being amounting to the realization of true freedom. It then addresses the question of whether there is a Marxist theory of law. General theories of law are predicated on a belief in the nature of (...) law which can be termed legal fetishism. Marxists reject such a belief and it follows that they are not inclined to develop a general theory of law as an end in itself. Nevertheless, much remains for Marxists to say about law. (shrink)

My aim in this paper is fairly modest. I obviously do not claim that there has never been or could never be an instance of irrational or fallacious appeals to quotations from canonical sources in the marxist tradition. Instead, I claim that the practice of using quotations from canonical sources is not, as such, irrational. If we understand the epistemological infrastructure of the practice -- the rational underpinnings of it -- we can grasp how these citations appeal to the presumptive (...) authoritativeness of formulations that condense or concisely convey the core of insights that emerged from learning processes that the intellectual tradition of marxism has already traversed. The rational underpinnings of the practice include, first, the neo-Hegelian idea that we can justify a view we now hold by rationally reconstructing the insight-motivated learning process from which it emerged, and second, the convention that these rational reconstructions do not have to be elaborated in each insistence, but can be invoked in a short-form way, such as by citing the name of a decision or a concise statement of it (like a short quotation), as is common in the epistemologically similar practice of precedential reasoning in common law juridical justification. No claim is true just because of who made it; but a claim might be presumptively authoritative in cases where it was made at the end of a learning process, which has not been overtaken by a change in the circumstances or further learning. (shrink)

Against expectations that the turn away from state socialism would likewise initiate a turn away from Marxist thought, recent years have seen a resurgence of interest in Marxism and its reassessment by a new generation of theorists. This book pursues that interest with specific reference to international law. It presents a sustained and fascinating exploration of the pertinence of Marxist ideas, concepts and analytical practices for international legal enquiry from a range of angles. Essays consider the relationship between (...) class='Hi'>Marxism and critical approaches to international law, the legacy of Soviet international legal theory, the bearing of Marxism for the analysis of international trade law and human rights, and the significance for international legal enquiry of such Marxist concepts as the commodity, praxis and exploitation. (shrink)

This chapter contains sections titled: The Object of Marxist Theory of Law Outline of a Marxist Theory of Law Alternative Marxist Approaches to Law Ideology as Law and Law as Ideology Law and State Economic Relations and the Law Legal Relations and Class Relations Conclusions References.

The primary aim of this article is to present the rule of law universalism as a relevant theoretical and socio-political issue that critical legal thought needs to contend with. In order to do so, this issue is described through a Marxist theoretical framework, which aids in identifying the consequences of this universalism. Furthermore, the Marxist theoretical framework is suggested as a countermeasure that allows for going beyond it. The rule of law universalism is analysed as a process connected to establishing (...) hegemony and status quo that affects both the way the law is thought of and practiced. The post-communist context serves in fleshing out some of these consequences. Although the transition is not the main subject of inquiry, it is a starting point to a set of philosophical questions directed towards the rule of law universalism, mainly regarding historical embeddedness and socio-political dependency of the rule of law. The transitional context illustrates the tension between the rule of law treated as a generalized blueprint and the reality it is introduced to. The method of approach to this tension argued for in this paper is Marxian theorization of concept as an interplay between concrete and abstract that underlies historical materialism. This movement within concept is juxtaposed to the universalism. The philosophical investigations are followed by findings from Marxist legal theory that pinpoint the importance of concrete interventions into the legal theory that abate its ever-growing abstractness. In particular, the import of knowledges and practices divorced from the capitalist system is brought into focus. The paper concludes with a brief assessment of the possibility of overturning the rule of law universalism and a discussion on the emancipatory potential of law. (shrink)

Discussion of Alexander Bogdanov as a Marxist revisionist has largely centred on his philosophy of being and cognition and on Plekhanov’s and Lenin’s accusation that Bogdanov was an idealist renegade from Marxism. However, the real issue of revisionism at the time was not materialism but determinism: the question of whether socialism would appear by the working of the objective laws of nature or the subjective will of human beings. Bogdanov did indeed revise Marxism, but he did so in (...) order to defend it as a natural science. He conceived of society as a form of life subject to biological laws of nature: the need to assimilate energy from the environment and the need to adapt to the environment in the struggle to survive. He reinterpreted the key elements of scientific socialism – the idea that existence determines consciousness and the labour theory of value – in terms of this worldview. (shrink)

Circling Marx is both a window on to the forces and concerns that have shaped Thesis Eleven over four decades and an intellectual portrait of the singular post-Marxism of one of its leading thinkers. Beilharz emphasises the existence of multiple Marxes but leans towards a Marx who suggests an expanded materialism, a non-Bolshevik Marx, and a Marx of motion, rather than laws. Addressing Marxism and socialism more widely, Beilharz again underscores multiplicity, favouring those thinkers and currents that acknowledged (...) complexity and limits, that staged something of a conversation between Marx and Weber, and that took distance from the teleology, vanguardism, and hubris that has marked parts of the Marxist tradition. Moving into more clearly post-Marxist territory, through important encounters with Heller and Feher, Bauman, Smith, and Castoriadis, Beilharz’s optic prioritises place, cultural traffic, and ambivalence, combining categories of ambitious scope with epistemological and normative circumspection, criticism with world affirmation. (shrink)

The study of dialectical logic has a history of nearly one hundred years in China. It is significant for understanding both the growth of Chinese logic and the Sinicization of Marxism to review dialectical logic in the context of introducing the study of Marxism in China. Debates about dialectical logic in Chinese academic circles involve not only the problems of logic itself, but more importantly the understanding of Marxist philosophy. In the 1920s and 1930s, some Marxist researchers in (...) China were influenced by the philosophers and logicians of the former Soviet Union, and they came very close to equating dialectical logic with Marxist dialectics. They also identified the formal logic originating from ancient Greece as metaphysics, praising the former and criticizing the latter. In the upsurge of Marxist philosophy in the 1950s and 1960s, Chinese logicians carried out normal and formal academic research on dialectical logic. During the period from the end of 1970s to the end of 1990s, the research and teaching of dialectical logic in China reached its heyday, and logicians performed comprehensive and detailed research on some critical issues, including the basic laws of dialectical logic, which they tried to formalize. Since the beginning of the 21st century, dialectical logic has ceased to prosper and has faded from the core field of the discipline of logic, although some honorable scholars still persist in studying it. (shrink)

Man must prove the truth i.e., the reality and power, the this-sidedness of his thinking in practice.As individuals express their life, so they are.Karl Marx.The idea of a Marxian personal morality is in some ways irresistible. It strikes a personal chord in us, as most Marxian ideas may not, and it brings us close to the heart of the Marxian vision, its concern for the welfare of oppressed others.Yet Marxist theory, with its emphasis on classes, social laws, and historical determinism, (...) seems to rule out the domains of the personal and the moral in principle. And this standard theoretical preemption is reflected in practice. Marxists rarely examine, or seek to revolutionize, their individual lives as they do societies. Indeed they may be inclined to be disdainful of any such venture as a sort of ‘bourgeois individualism.’. (shrink)

This chapter emphasizes four crucial differences that serve to distinguish the proto-Marxist interpretation from the standard post-Kantian framework. The first and foundational difference involves the existence of final causality or internal purposiveness in nature. The now-standard post-Kantian interpretation of Georg Wilhelm Friedrich Hegel presupposes Sellars's core distinction between the realm of "empirical description" and the "space of reasons", a distinction that necessarily presupposes the absence of final causality in nature. The proto-Marxist framework approaches Hegel as the first modern philosopher to (...) overcome the strained but stubbornly persistent fantasy of pure mechanism and to recognize the ineliminable role of Aristotelian final causes in even the most basic domains of nature. The third difference involves the nature of Hegel's dialectic. Fourth, these competing frameworks provide divergent accounts of the constitution of the object. The post-Kantian framework plainly acknowledges Hegel's tendency to talk about organisms, artworks, and institutions as purposively structured wholes that cannot be properly explained in terms of causal laws. (shrink)

This article appraises the political writings of three Polish Marxists from the early 20th century, Kazimierz Kelles-Krauz, Stanisław Brzozowski and Rosa Luxemburg. In the specific peripheral conditions and because of the entanglement of different struggles in the Polish Kingdom under Tsarist rule around the 1905 Revolution, it was no longer possible for Marxists and political theorists to refer to any firm political ground: whether the organic unity of the nation, class antagonisms, or laws of history. The construction of revolutionary subjects (...) in Luxemburg, the political rethinking of national community and the realistic ‘agonistic’ conception of democracy in Kelles-Krauz, and Brzozowski’s anti-essentialist Marxism, with its mobilizing power and politically constructed subjects of social change, are peculiar, peripheral forms of political Marxism, today worth looking at one more time. (shrink)

Legal Naturalism advances a clear and convincing case that Marx's theory of law is a form of natural law jurisprudence.

This is a new translation of one of Plekhanov's major works on historical materialism. It is based on the Russian edition of the Institute of Philosophy of the Academy of Sciences of the USSR, edited by V. A. Fomina. The appendix contains two valuable additional essays by Plekhanov: The Materialist Conception of History and The Role of the Individual in History, both of which are reprints with some minor revisions of translations of 1940. Plekhanov's footnotes are given on the page (...) and explanatory notes by the editor have been added in the back of the book. Plekhanov is generally credited with having been the first to apply the term "dialectical materialism" to the philosophical materialism of Marx and Engels. In the opinion of many non-Marxist and some Marxist scholars, this was the crucial initial step in the elaboration of a deviationist doctrine which not only departed from Marx's and Engels' original thought, but which eventually overshadowed it. Plekhanov, in this view, served as the link between Engels and Lenin in which a tendency in Engels toward a mechanistic materialism, manifested in his Anti-Dühring and The Dialectics of Nature, was developed into a dominant theme. Dialectical materialism became the term applicable to the science of the laws of motion of man, society, and nature--of all reality. Historical materialism, or, as Marx and Engels called it, the materialist conception of history, became but a subordinate branch of dialectical materialism, dealing specifically with the laws of motion of man and society. It became a philosophy of history derived from a broader philosophy of nature, or of the cosmos. Reality became an autonomous existent--independent of the human species. And epistemology became a copy theory of man's never-ending and never-achieved struggle to know and reflect that which pre-exists outside of him. Regrettably, the introduction by the editor ignores these evaluations and interpretations and sticks to the more traditional Marxist areas of discussing Plekhanov's masterful refutation of economic determinism, his exaggeration of the importance of geographic conditions, and Lenin's criticisms of his theoretical weaknesses. Plekhanov's treatment of the materialist conception of history still stands as one of the most brilliant and coherent presentations of this seminal doctrine. It is a pity and a historical deprivation that he became so preoccupied with the polemics of the day as to never sit down to write a systematic exposition of Marxism.--H. B. (shrink)

This essay shows how Marxism, despite its atheist pretensions, was influenced by Scripture, particularly the Millenarian concept presented in the Book of Revelation. Marx’s metaphysics described the world as a titanic struggle between the bourgeoisie and the proletariat. He predicts this struggle between good and evil will end in the triumph of the righteous, leading to future paradise when humanity returns to its pristine state. Marx contended it was his study of history and ultimately his discovery of the universal (...) laws of economics that allowed him to predict the course of humanity, but I argue Marx’s real source is not history or science, but Scripture. Before demonstrating Marx's Millenarianism, this essay begins with an overview of the idea and describes how the concept was popular among German intellectuals in Nineteenth Century. (shrink)

"Professor B. Petrov" is actually the nom de plume of Boris Petrovich Vysheslavtsev, a professor of philosophy in the Faculty of Law at Moscow University from 1917 to 1922, well known in Russian émigré circles as the author of a number of technically competent and stylistically brilliant studies in philosophy and psychology. His last published work, The Crisis of Industrial Civilization: Marxism, Neo-Socialism, Neo-Liberalism, is a significant contribution to social philosophy. Vysheslavtsev is distinguished by a scholar's intimacy with the (...) philosophic doctrines of Kant, Fichte, Hegel, Feuerbach, Marx, and Lenin, together with an imaginative and disciplined command of at least the major contemporary developments in sociology, psychology, economics, and jurisprudence. (shrink)

Important and serious problems are posed by the party today for scholars who study society. In the new edition of the program of the CPSU, it is pointed out in particular that it is necessary to concentrate attention on "the study and comprehensive analysis of the experience amassed in creating a new society in the USSR and in other socialist countries, on the dialectics between the forces and relations of production, on the material and spiritual spheres under conditions of socialism, (...) on the laws of genesis of a communist social formation, and the ways and means of advancement to its higher phase.". (shrink)

The peculiarity of Marx's investigation method is the use of idealization, i. e. idealizing assumptions are introduced, the laws, being in force under these assumptions, are being established, and then these assumptions are being removed with the simultaneous modification of the law. This method has not been recognized in the contemporary methodology because it assumes the essentialist vision of reality while contemporary methodology developed from the phenomenalism which negates the differentiation between essence and experience.

Brenner's ‘The Economics of Global Turbulence’ is a review of the world economy in the second half of the 20th century and its momentous changes. It deals with a wide range of issues and developments and is supported by a wealth of statistical and historical material. At the same time, it debunks many of the myths upon which recent history has been written. Perhaps even more importantly, it seeks the causes of crises in the laws of motion of capital itself.

Abstract:Natural law theory has a long history, going back to the Stoics. Ernst Bloch, a twentieth-century Marxist theorist, offered a compelling radical reconstruction of natural law, locating its source in the resistance of those whose natural law entitlements are being denied. That resistance, Bloch held, constitutes a critical standpoint, which forms the basis for radical natural law. Bloch restricted the concept to humans, but it is here proposed that animals too have critical standpoints which constitute the basis for radical natural (...) law. (shrink)

The aim of this article is to fill a certain gap in the assessment of relativism by drawing on Joseph Ratzinger’s (1927–2022) criticism of the normative transformation since Kant. During the Enlightenment, Natural Law was doubted as a cultural feature of Christianity that had no bearing on pluralist society. Consequently, this jurisprudential tradition underwent de-Hellenization and branched out in radical directions, the most decisive of which was Kant’s post-metaphysical system of natural values. Positivism and German Idealism attempted to restore the (...) unity of philosophy that Kant’s philosophy had disrupted. Yet even more influentially, in the nineteenth and twentieth centuries it was Marxism that relativized the doxological aspect of normativity by emphasizing the importance of praxis. Since philosophy became neither an exact science as Kant had conceived it to be, nor a practical programme for social justice as Marxism had promised, the Existentialists, and particularly Sartre, advocated a more radical philosophy of freedom. Ratzinger argues that despite the nuances of post-Kantian philosophy, Positivism, Existentialism, and Marxism failed to comprehend the human condition and that the positivist method resulted in an overwhelming relativism that has reduced normativity to a matter of correct procedures rather than regarding it as the foundation of the inviolable dignity of the human being. (shrink)

WESTERN MARXISM by J. G. Merquior London: Paladin Books, 1986. 247pp., £3.95.

This is the first source-book for this cross-disciplinary area. It takes students through a wide range of readings from philosophy, politics, and sociology, to human geography, international relations, and feminist studies. Bringing together statements from leading twentieth-century thinkers such as Derrida, Lyotard, Baudrillard, and Laclau and Mouffe, and with the editor's substantial introduction, this is an ideal teaching text, inspiring debate about the future of Marxism as a cultural theory.

This paper provides a comprehensive survey of the literature on Analytical Marxism (AM) and analyses its relevance for social theory. AM is precisely defined and distinguished from Rational Choice Marxism (RCM). The different substantive implications of the two approaches are discussed: according to RCM, the role of Marxism in the social sciences is exhausted, whereas AM has reconstructed a set of propositions that aim to provide the foundations of a distinctive approach in social theory. The methodological debate (...) around and within AM is analysed and the shortcomings of methodological individualism and rational choice theory are stressed, raising doubts on the claim that RCM is the only scientific approach to Marx's theory. Yet, wholesale rejections on a priori methodological or exegetical grounds are questioned. A focused, immanent critique of RCM is developed, which emphasizes the lack of an adequate analysis of structural constraints and endogenous preferences in RCM models. It is argued that the analysis of endogenous preferences and structural constraints is consistent with an anti-reductionist AM approach and it may provide the outline of a fertile, distinctive research programme in explanatory social theory that builds on the core of Marxism identified by AM. (shrink)

This paper examines the implicit foundations of several theoretical propositions characteristic of the Marxist tradition in sociology. It argues that these propositions derive from self-contradictory critical premises which are paradoxes of Action Theory. Implicit in these premises is an ideal picture of social reality quite different from the one analytically described by Parsons. I suggest that Action Theory can provide conceptual tools needed to address some specific issues characteristic of the Marxist perspective and, moreover, offers a solution to some epistemological (...) problems raised by the authors who endorse the postmodern position in social sciences. (shrink)

The following pages attempt to develop the main outlines of an existential phenomenology of law within the context of Maurice Merleau-Ponty's phe nomenology of the social world. In so doing, the essay addresses the rather narrow scholarly question, If Merleau-Ponty had written a phenomenology of law, what would it have looked like? But this scholarly enterprise, although impeccable in itself, is also transcended by a more complicated concern for a very different sort of question. Namely, if Merleau-Ponty's phenomenological descriptions of (...) the social world are correct-as I believe they largely are-then what are the philosophical consequences for an adequate understanding of law? Such a project may well occasion a certain surprise amongst observers of the contemporary philosophical landscape, at least in what concerns the terrain of continental thought, and for two different reasons. The first is that, although interest in Merleau-Ponty's work remains strong in the· United States and Can ada, his philosophical standing in his own country has been largely eclipsed! by that of, first, his friend/estranged acquaintance, Jean-Paul Sartre; by various Marxist philosophies and critical social theories; and finally by those doing her meneutics of language. In my view, current neglect of Merleau-Ponty's thought in France is most regrettable. (shrink)

In the 1980s, leading philosophers at Oxford, Chicago and UCLA undertook a controversial reassessment of Marxism using the techniques of analytical philosophy. The aim of these so-called "Non-Bullshit" Marxists was no less than the complete reconstruction of Marxist theory, recasting it on a logical and rigorous basis, free from all metaphysical jargon and sentimentality. Marcus Roberts's study serves as a lucid survey of the Analytical Marxists' contributions to the understanding of historical materialism, exploitation, class structure, method, politics and ethics—a (...) panoramic tour de force which he brings up to date with considerations on John Roemer's recent work on models of socialism. Roberts charts the sinuous progress of the growth, development and ultimate dilution or disintegration of the bold theses originally put forward by such figures as Gerry Cohen, Jon Elster and John Roemer. For Roberts, the Analytical Marxist project, for all its elegance and richness, failed on its own terms, and in terms of Marxism more generally. However, as this book so persuasively demonstrates, along its winding route, the project raised questions of fundamental importance for social and political theory—questions that anyone interested in emancipation cannot avoid taking seriously. (shrink)

As John Roemer says in his introduction to this volume, 'During the past decade, what now appears as a new species in social theory has been forming: analytically sophisticated Marxism. Its practitioners are largely inspired by Marxian questions which they pursue with contemporary tools of logic, mathematics, and model building … These writers are, self-consciously, products of both the Marxian and non-Marxian traditions.' This volume assembles substantial and original essays, both published and unpublished, by some of the leading practitioners (...) of 'analytical Marxism'. The essays discuss a number of the fundamental issues of Marxian thought as well as questions that conventional Marxists see no need to raise. They exemplify the ways in which analytical Marxists are beginning to reinvigorate the Marxian tradition and, in doing so, to break down the barriers that have divided it from other forms of social theory. The volume will make an excellent textbook and an ideal introduction to this new approach. (shrink)

This chapter outlines the elements of historical materialism pertinent to law which have been common to various strands of the Marxist tradition. It argues that for historical materialism to be theoretically coherent, it requires a convincing description of the process by which the goals and aspirations of individuals and groups are materially determined. Crude materialism, class instrumentalism, and objections to class instrumentalism are also discussed.

A new collection of essays edited by Michael J. Thompson aims to explicate and defend the humanist values which, according to the authors, were the core of Marx's critique of capitalist society. The text does not aim to provide a political roadmap to building an alternative society in which those values could be realized but rather philosophical analysis of the meaning and implications of those values. While there are sometimes tensions between the philosophical arguments developed in the various essays that (...) make up the text and the traditions of Marxist political practice, the book as a whole certainly proves that the human values of Marx's philosophy are central to his politics and that his emancipatory vision remains relevant, even necessary. (shrink)