Marxist Law in Both Theory and Practice

Evolutionary influences are especially visible in Marxist legal theory. Because Marx rejected the God of Creation, he was deeply scornful of the doctrine of human sin, and convinced that the evolution of human nature would lead to its absolute perfection. Marx also believed that laws are always the product of human will and, more specifically, the arbitrary will of the ruling social class. He sought, therefore, to displace the ideal of the rule of law and create in its place his own secular utopia on earth. The result? In every communist regime around the world, the attempt to enforce the Marxist dream of equality of wealth has led to gross inequality of power and, to be sure, to governmental oppression and “deification” (not to mention equality of poverty among the masses). Thus, in the twentieth century alone, Marxist-inspired governments killed at least 100 million people. Such a bloodbath is simply the by-product of a naturalistic worldview that deems the most powerful humans to be the ultimate arbiters of right and wrong.

Marxism is primarily a social, political, and economic theory that interprets history through an evolutionary prism. Marx claimed to have discovered a “progressive” pattern controlling human evolution, which would lead humanity to the advent of a communist society of classless individuals. On this basis Marx defined the state and all its laws as mere instruments of class oppression, which would have to disappear when the final stage of human evolution were finally accomplished.

This article discusses Marxist legal theory and how it has been applied in communist countries that have claimed Marxism as their official ideology. It investigates whether the undercurrent of violence and lawlessness constantly exhibited by the actual behaviour of Marxist regimes may in fact be a natural consequence of Marxist theory itself. Indeed, Marx viewed laws basically in terms of guaranteeing and justifying class oppression, thus advancing the position that laws in a socialist state must be nothing more than the imposition (by a political elite) of the “dictatorship of the proletariat”….

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