Study Guide for the third test based on the readings from the Sociology of Law
Chapter 3 Karl Marx
How old was Marx when he wrote the Communist Manifesto? Is the instrumental Marxist perspective the same as conflict theory (see the web page on functional and conflict theory)? Briefly, how does structural Marxism differ from instrumental Marxism? Describe the base/superstructure metaphor and whether it can be applied to the study of law. What are the forces of production and relations of production? Define use value and exchange value. Would Marx agree with Durkheim that the origin of culture emerges from spiritual beliefs? Explain how the process of dialectical materialism works. In detail, explain the concept of relative autonomy. Explain how the ruling class determines the content of law. How do structural Marxists explain the origin of our laws? How would you explain the passage of environmental laws that undermine profitability? Do you agree with Quinney's five propositions? What are ideological state apparatuses? Critique the concept of natural law from an instrumental Marxist's perspective. Is it by coincidence that white rich men write our laws and our jails are disproportionately full of poor African Americans? Understand that the structural Marxists equate the legal form to formal legal rationality and the juridical subject. Why did Stalin have Pashukanis assassinated? Use an example, other than the ones provided in the textbook, to illustrate your understanding of commodity fetishism. In detail, describe the homologous relationship between commodity fetishism and legal fetishism. What does reification mean? How can "equal rights" be repressive? Explain how the inherent logic of the legal form merely reflects the inherent logic of commodity production. Could it be argued that groups who use the legal system to reform capitalism actually strengthen it in the short and long term? Why has the state recently taken a more active role in regulating behavior? What is the function of the courts in late capitalism? Define the concept of hegemony. Why do corporations have similar rights as individuals? Explain how the state will appear to represent the interests of the masses, appear democratic, but at the same time reaffirm the fundamental prerequisites of capitalism. Are structural Marxists actually Weberains who believe in multicausality? Do Marxists differ fundamentally from Durkheim and Weber in their discussion of contracts? How do property rights and the legal contract simultaneously fulfill the functions of stability, repression, and ideological control? Will the Internet further intrude into the worker's safe haven from the exploitation of the capitalists? Why is it important for revolutionary groups to not use the state to further their interests? If they do not use the state, what other options can radicals use to further their interests? Outline the different stages and corresponding forms of justice the state will go through as it withers away. Is Weber's concept of substantive rationality applicable to any of these stages? How does the rule of law legitimate capitalism?