Suchergebnisse

Contemporary Marxist theorizing on law has produced a number of different ways of conceptualizing the class character of law within a capitalist society. The main focus of these approaches has largely been on the role of law in maintaining and reproducing an unequal, exploitative system. As a consequence, the issue, even the possibility of using law as a mechanism for securing substantial social change has been downplayed and, in some cases, precluded.The purpose of this paper is to argue for a rethinking of law, especially in terms of its potential as an agent for social transformation. The discussion will be divided into two main sections. The first involves theoretical considerations. Problems encountered with existing approaches to law vis-à-vis their implications for change will be examined and the direction in which a theoretical reformulation might proceed will be outlined. The second involves practical considerations. Here the focus will be on the kinds of legal strategies and particular forms and conditions of law that could be extended or developed in order to move in the direction of a socialist society.