Marxism and Law

That is, to have a general opponent of Marxism in a certain field deal with Marxist views and analysis in such a clear and fair manner. In this case it is Hugh Collins, Fellow of Brasenose College (not particularly known for its radical tendencies) at the time and now a specialist in contract law at the London School of Economics who analyses the possibilities for a Marxist theory of bourgeois law, and he does so with skill and subtlety. Collins compares various possibilities for a coherent and effective Marxist theory of law, drawing on historical materialism, alienation, class instrumentalism and various other general Marxist 'tools'. This allows him to approach the subject in a manner that becomes increasingly complex and in-depth, as in forming a general theory from these building blocks he is capable of assessing the internal consistency each step of the way. In so doing he rejects the simplistic views of G.A. Cohen and Evgeny Pashukanis, as well as criticizing Lenin and Engels (the latter wrongly attributed) for relying too much on class struggle alone as the determinant factor. Collins in the end arrives at a comprehensive view that seems to be along the lines of Engels' actual conception of the relation between the legal superstructure and the economic basis, as seen in his letter to Conrad Schmidt (Oct. 27, 1890). Since Collins is surprisingly competent at assessing the value and use of various Marxist terms and tools, he can use the theory of relative autonomy to launch some serious criticisms at the application of Marxism to law in general, which I do not find compelling enough to change my mind but which are certainly worth examining for any radical interested in legal philosophy. It is rare enough to have opponents of Marxist theory make coherent and to-the-point counterarguments, so this deserves a wider reading, to which the reprint should hopefully contribute. It is also helpful for non-specialists that the writing is clear and concise in the best English traditions, and the book is less than 150 pages of actual text.

Few books in circulation deal specifically with Marxism and law, probably because the former assigns the latter a distinctly subordinate role among society's real determinants. In Marxian thinking, law has neither autonomy in practice - being an extention of class interest - nor autonomy in theory - being hopelessly intertwined with nonlegal structures. Bourgeois theorists, on the other hand, treat law as possessing the necessary degree of autonomy that their studies require. Collins hopes to fill the current gap in scholarship created by Marxism' general neglect of legal theory, and succeeds admirably. Current works are combined with classical ones in highly stimulating fashion that both inform the reader and deepen understanding. Anyone who believes that the `rule of law` is about ensuring that our societal game is played fairly, should read this book. Those of a more skeptical persuasion will also benefit from the skillful treatment Collins, an Oxford Don, brings to the subject. Highly recommended to serious readers.