Conflict Theory and Marx
What is agency?
A consensual relationship created by contract or by law where one party, the principal, grants authority for another party, the agent, to act on behalf of and under the control of the principal to deal with a third party.
Who popularized the idea of hegemony?
Antonio Gramsci
Another critique of Marx is that there's a lack of what in his interpretations?
agency and lack of specificity about how law and other institutions creates and reproduces ideology
How did Marx view society?
as an uneasy relationship between 2 groups with incompatible economic interests: bourgeoisie and proletariat
What was Marx's theory about the shape of society?
believed there was a base that was the foundation of society and the superstructure which is everything that was built on the base
According to Marx, law is both ___ and ____
coercive and ideological
IN addition to preserving the material power of elites, what else does law do?
creates ideology to strengthen class division; shapes how we think about economic system
The influence of Marx and legal realism led to what major studies?
critical legal studies
The foundation of a society is its _____
economic system
What are some examples of things that make up the superstructure of society?
education, media, politics, family, religion, law
How is law coercive?
forces people to bend to the ruling class
What is a major critique of Marx?
he focuses on class conflict and economic interests and excludes other types of conflict that might drive law and legal change
Law ____ many of the categories we think about and act on
invents/creates ex. property, contract, criminal, spouse, female, white, immigrant
What are some examples of things that make up the base of society?
labor relations, means of production
What is a complex analysis of the legal system according to Marx?
law and state are structured so that the ruling class will win even if they don't do anything
What are the key ideas of critical legal studies?
law is indeterminate (can yield multiple answers), it can be tilted toward interests of ruling class because it is indeterminate, legal ideology hides indeterminancy and makes decisions in favor of ruling class seem legitimate and natural
What is a simple analysis of the legal system according to Marx?
legal system is a machine that "does the bidding of those whose hands are on the controls"
What does the superstructure do in regards to the base?
maintains and legitimates the base
How does capitalism affect law?
needs of capitalist system dictate law
Give some examples of law's hegemonic function
rights; school funding
What is the bourgeoisie?
society's ruling class
How is vagrancy law a reflection of Marxist theory?
targets poor people only; ex. law says that anyone who sleeps under bridges will be punished but obviously only poor people would do that
In a capitalist economy, the superstructure reflects what?
the power interests of the ruling class
Law serves as a function of whom?
the ruling class
What is a Marxist theory interpretation of criminal law?
things are criminal because the ruling class wants them to be criminal
When is law hegemonic?
when it convinces people that legal institutions operate for the benefit of all, even though it usually isn't
What is the proletariat?
workers (those who are ruled)
