MARXIST CONCEPT OF LAW

The Marxist concept of law differs entirely from the traditional concept of law. According to Karl Marx (1818-1883), law is intimately associated with the nature of the State. Karl Marx does not accept the traditional view that law is the expression of the will of the people in the democratic state like India. He is of the opinion that the present day democratic states are controlled more or less by the capitalists; hence the laws reflect also their will only. In the capitalist’s approach the Ministers/ leaders get support from the capitalists/Industrialist during the elections and later on the role is reversed .Now, the capitalists/Industrialist expect the reward from the leaders in the form of tax exemptions & Loanwaiver etc Therefore, in a class-society, law is the will of the ruling class. According to Andrey Vyshinsky (1883-1954) “Marxism-Leninism gives best definition (the only scientific definition) or the essence of law. It teaches that class relationship (and consequently, law itself) is rooted in the material conditions or life, and that law is merely the will of the dominant class elevated into a stature. In a capitalist state while the law safeguards the interests of the ruling class, in a socialist state class the position is reversed. In a socialist State the workers themselves become the ruling class, hence the law reflects, their will as well as the law of the State. Law must safeguard the socialist State against the onslaughts of the capitalists and must help in the reconstruction of the socialist society. According to Marx, law is the important vehicle for destroying capitalism and constructing socialism. As soon as the State achieves its purpose, it withers away.

Though there is substantial truth in the views of Marx, but the critics point out that it is not the whole truth. They are of the opinion that State is the life breath of human existence and whatever shape a government may take, the state shall ever endure. Its law will hold society together for the promotion and achievement of the all-round happiness of man. It means the happiness of the common man and not the happiness of the capitalist class only.