This chapter first reviews some fundamental tenets of Marxist social and political theory, and then outlines some of the ways in which the place of law has been conceptualised in Marxist theory. This is followed by a discussion of an account of law that is heavily influenced by Marx, namely the critical legal studies movement.
Chapter
13. Marxist and Post-Marxist Theories of Law
J. E. Penner and E. Melissaris
Chapter
7. Law and social theory
This chapter examines the subject of social theory and, in particular, the sociology of law and analyses the leading theories of a number of writers who adopt a ‘sociological perspective’. The theories of Roscoe Pound, Eugen Ehrlich, Émile Durkheim, Max Weber, Karl Marx, Michel Foucault, and Jürgen Habermas are discussed. Each espouses a different approach to the analysis of law and the legal system, but what they have in common is the attempt to explain the role law plays in society. Their contribution is an important one, although it is sometimes questioned whether the sociology of law has an adequate theoretical grounding.
