KARL MARX THEORY OF LAW

Influence of Savigny of Karl Marx Thought on Law

Influence of Savigny of Karl Marx Thought on Law

Introduction

The idea of Marx regarding law places an intense influence on formation of law in western world. The main aim of Jurisprudence of Marxism is not the promotion of human rights or supporting the serration of powers of neither government nor even the parity before the law. The main of his theories was to criticise the ideals and rules of laws and to reveal the punitive structures of socio economic domination (Marks, 2008, pp. 199-200). Therefore, the principles of communism, such values are described as equality and individual rights prior to any law as fake mask of bourgeoisie for the supremacy of economy and wrong use. On the other hand, Karl Marx's theory of law has influences of Carl von Savigny. These influences are visible in the thought of Marx regarding law and legal issues. In this paper we will study the theory of law of Karl Marx. Moreover this paper will study that how Carl von Savigny influenced Karl Marx's thoughts on law.

Discussion

Marxist Legal Theory

According to Karl Marx, humans are allegedly accidents; therefore their laws are also allegedly accidents. This statement is the influence of Marx's thorough transformation of law studies and a general perception among elites of judicial system. Subsequent to this trend of time, Marx supported other social scientists in his total rejection of the idea of natural law that provided guidance and inspiration to the founders of modern democratic constitutionalism in USA.

The ideas of Karl Marx were major expression of Communist manifesto. In 1848, these ideas were published with the collaboration of his friend Friedrich Engels. The ideas of Marx contend that religion, law and morality are the bigotries that are for the interest of a specific group. According to Marx, religion is made by man for man but it does not make man. Karl Marx also criticized the whole conventional system of government under the laws and legislations. According to him, law is the aspiration of the bourgeois. The law is the idea for the outgrowth of favourable situations for the development of bourgeois property like the jurisprudence, however the readiness of the class develop a law for everyone, a will that has significant character and guidance are identified by the conditions of economy of existing class. According to Marx, the self-centred misunderstanding that has the inducement for people to change into eternal law of nature, the social forms spring from their present mode of property and production. This misunderstanding is shared with every influential class.

As per the concepts of Marx, the ultimate advent of radical communism significantly needs a time during which the country can become a revolutionary dictatorship of working class. In other word, he said that autocracy is the single means by which the ideals of communism can obtain advancement. On this basis, it has been argued that the philosophy of Karl Marx does not provide protection to human rights, but this ...