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Legal Naturalism - A Marxist Theory of Law (Paperback)
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Legal Naturalism - A Marxist Theory of Law (Paperback)
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Legal Naturalism advances a clear and convincing case that Marx's
theory of law is a form of natural law jurisprudence. It explicates
both Marx's writings and the idea of natural law, and makes a
forceful contribution to current debates on the foundations of law.
Olufemi Taiwo argues that embedded in the corpus of Marxist writing
is a plausible, adequate, and coherent legal theory. He describes
Marx's general concept of law, which he calls "legal naturalism."
For Marxism, natural law isn't a permanent verity; it refers to the
basic law of a given epoch or social formation which is an
essential aspect of its mode of production. Capitalist law is thus
natural law in a capitalist society and is politically and morally
progressive relative to the laws of preceding social formations.
Taiwo emphasizes that these formations are dialectical or dynamic,
not merely static, so that the law which is naturally appropriate
to a capitalist economy will embody tensions and contradictions
that replicate the underlying conflicts of that economy. In
addition, he discusses the enactment and reform of "positive
law"-law established by government institutions-in a Marxian
framework.
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