Marxist Perspectives in the Sociology of Law

In: Annual review of sociology, Band 9, Heft 1, S. 103-124

Abstract

This review considers the problems and prospects associated with the development of Marxist perspectives in the sociology of law. Taking as its starting point the efforts to construct a Marxist understanding of law through the traditional approach of legal economism, a number of directions and themes in the development of a new Marxist vision of law are explored. Alternatives to "legal nihilism" are examined in conjunction with a survey of the movement of Marxist theory toward a "looser" and "flatter" conception of the relationship between law and society. The role of politics, ideology, and history in the reconstruction of Marxist legal theory are then considered with special attention to the virtues and limits of "imbricationist" and "constitutive" accounts. The analysis ends with a reexamination of the points of convergence and divergence among Marxism, sociology, law, and socialism.