FILSAFAT HUKUM: Marxist Legal Theory @fokkyfuad

Introduction

This tutorial provides an overview of Marxist Legal Theory as presented in the video by Fakultas Hukum UAI. Understanding this theory is important for students and professionals in the fields of law, philosophy, and social sciences, as it critiques traditional legal frameworks and explores the relationship between law and society.

Step 1: Understand the Foundations of Marxist Legal Theory

• Historical Context: Familiarize yourself with the socio-economic conditions during Marx's time, including the rise of capitalism and class struggles.
• Key Concepts:
  • Base and Superstructure: Recognize that the economic base (means of production) shapes the legal and political superstructure (laws, institutions).
  • Class Conflict: Understand how law serves the interests of the ruling class and perpetuates social inequality.

Step 2: Analyze the Role of Law in Society

• Law as a Tool of Oppression: Explore how laws can be used to maintain the power of the dominant class.
• Legal Ideology: Investigate how legal systems promote ideologies that justify and normalize the status quo.
• Critique of Formalism: Examine the limitations of formal legal reasoning that ignores social realities.

Step 3: Examine Key Figures and Texts

• Karl Marx and Friedrich Engels: Review their works, especially "The Communist Manifesto" and "Das Kapital," for insights on law and society.
• Subsequent Scholars: Look into contributions from later Marxist theorists, such as Louis Althusser and Herbert Marcuse, who expanded on Marxist legal thought.

Step 4: Explore Practical Applications

• Critical Legal Studies: Understand how Marxist theory has influenced the development of critical legal studies, which challenges traditional legal doctrines.
• Social Justice Movements: Analyze how Marxist principles are applied within contemporary movements advocating for social justice and reform.

Step 5: Engage with Contemporary Debates

• Relevance Today: Consider how Marxist legal theory addresses current legal issues, such as economic inequality, corporate power, and human rights.
• Counterarguments: Familiarize yourself with critiques of Marxist legal theory, including perspectives from liberal and conservative legal scholars.

Conclusion

Marxist Legal Theory offers a critical lens through which to analyze the intersection of law and society. By understanding its foundations, key figures, and practical applications, you can engage in meaningful discussions about justice and inequality. For further exploration, consider reading primary texts and engaging with contemporary legal debates that may benefit from a Marxist perspective.