‘Marx’s work has been constantly re-interpreted.
A Marxist theory
of law needs to be understood in light of this fact.’ Discuss. Word
count 1093
The inability of the Soviet Union to successfully implement the communist
model as envisioned was a significant contributor to the revision of Marx's
theory.
Because of the modifications that Lenin and Stalin made to Marxist ideology,
authoritarianism and tyranny took on new shapes in the twentieth century.
In Western Europe during the 1960s and 1970s, there was a time when
Marxism went through a period of reinterpretation and reassessment.
In their book titled "Letter to a Wound: Marxism, Justice, and the Social
Order," authors Douzinas and Geary claim that the failure of "Communist"
governments is evidence that Marxism is inefficient and that this failure is
proof that Marxism should be abandoned.
After the Berlin Wall came down in 1989, Marxism had "reached a point of
terminal catastrophe," as the author puts it.
Based on what I've learned so far in my studies, I feel that one of the basic
tenets of Marxism is the proposition that empirical data is the only thing that
can validate or invalidate a theory.
The fall of communist regimes marked the beginning of the Marxist
theoretical crisis. This can be seen as a direct response to the innumerable
tragedies that were caused by "real socialism."
After their fundamental premises have been exposed, explained, and
"denaturalized," it will no longer be possible to recognise them as given
parameters of the argument.
To put it another way, self-consciousness enters into theoretical discourse
whenever there is uncertainty over what it is that we are doing.
In times of crisis, a new theory may be recommended to replace an old
theory that is either obsolete or insufficient. The phrase "Suggest a totally
other technique of action is now on the historical agenda" is an example of
this.
"Replacing an outdated or inadequate one" is the reason why this product
was created.
By providing a new explanation, one is able to provide a "correct"
understanding of a notion that has been demonstrated to be incorrect when
it is put into practise. This is achievable in theory.
Lenin attempted to fill the voids left by Marx's theory by making use of the
coercive power of the state.
The October Revolution in Russia in 1917 was an important inflection point in
the progression of Marxist legal theory as well as Marxist philosophy. This is
a really crucial point to keep in mind, so keep reading.
If we are to accept that the socialist revolution of 1917 was successful, then
we are forced to come to the conclusion that Marxist theories were both
misinterpreted and "applied." This is because the Soviet Union failed to
succeed.
Given the role it played in fostering social advancement, the Party should not
have been given any justification to step down after taking political power
from the capitalists. Rather, this should have been an indisputable
requirement. This is one of the most significant problems with the reasoning
that you presented.
As a consequence of this, the Party was in a position to play a significant part
during the transitional phase of the communist regime.
Lenin was the communist leader who emphasised the necessity of the Party
in developing Marxism more than any other communist leader before or
since. On the other hand, and this is something that Marx emphasised quite
frequently, he did not place much importance on how the working class
would organise itself.
2 PARA
It is absolutely necessary to have both a plan and an overarching goal in
order for a revolution to be successful. Lenin consistently stressed the
significance of the Communist Party's part throughout the duration of the
revolution. Vladimir Lenin, the head of the Bolshevik party, was a fervent
supporter of the application of force and violence.
Lenin believed that following the revolution, there would be no immediate
shift in the mentalities and actions of the people. He emphasised the
requirement for "factory discipline," which he referred to as an ongoing
demand. He said this was an ongoing demand.
After the majority of people in the population have been accustomed to the
new behavioural norms, the subsequent step will be necessary as a
prerequisite in order to proceed. In order to maintain compliance with the
"elementary laws of social life," communist society must maintain its
cohesion.
In the same manner as legislation was, these laws and regulations, according
to Lenin, were not tied to the interests of any one social class. They were not
enforced by a single organisation; rather, the entirety of the community was
responsible for their implementation.
Marx's ideal for the future was a society in which there was neither
constraint nor compulsion.
3 PARA
Lenin opted for a tougher, more pragmatic policy as opposed to one that
placed a focus on the formation of a society in which the use of force was
superfluous. That, in his estimation, was the superior plan of action.
The territory that was formerly part of the Soviet Union is now occupied by a
single nation-state.
The law was used by the state to dominate and carry out its edicts; rather
than limiting the state's authority to organise and govern economic and
social matters, the law was deployed by the state itself to dominate.
According to one of Pashukanis' opponents, "Pashukanis considered law as a
capitalist transaction and all law as bourgeois law.
As a result, a study that was tainted with prejudice was conducted, and the
researchers neglected to take into account the part that democratisation and
socialisation play in the judicial system.
Citing Lenin's thesis that technical control is necessary under socialism made
it feasible for the Stalinist regime to abuse power and disregard the law. This
was made possible by the fact that they were able to exploit Lenin's thesis.
According to Fine and Picciotto, "the resurgence of Marxism was a reaction
against the failure of both Stalinism, which upheld the dogmas and tyrannies
of state socialism, and complacent liberalism that neglected or tolerated the
inequities and oppressions of capitalism."
In other words, the resurgence of Marxism was a reaction against the failure
of both Stalinism, which upheld the dogmas and tyrannies of state
4 PARA
Despite this, Fine and Picciotto are of the opinion that "The revival of
Marxism might be understood as a response against both Stalinism, which
maintained the dogmas.
As a result of this, Marxist critiques have a two-fold dynamic, concentrating
on the limitations of both "bourgeois" freedom under private property and
"socialist" freedom in state property systems. Both of these types of property
regimes are criticised by Marxists. Both of these liberties are characterised
by the presence of private property as an essential component.