UGANDA CHRISTIAN UNIVERSITY

SCHOOL OF LAW

JURISPRUDENCE II

LLB 3 - Semester 1, 2025

Daniel Kisa
Lecturer
Marxism

Marxism is a social, political and economic philosophy named after Karl Marx.
Marxism as a jurisprudential theory examines the effect of Capitalism on
labour, productivity and economic development and argues for a worker
revolution to overtum Capitalism in favor of Communism.

What is Capitalism?

Capitalism is an economic system in which the trade and industry of the

economy is owned and controlled by private individuals to make profit.

What is Communism?

Communism refers to social system in which a country’s trade and industry

are controlled by the community and the share of each individual relies on his
ability and needs.

Marxism is used as a standard of analysis to measure the progress of society

by the existing social institutions and evolution of social change.

The theory of Marxism has four components namely;

a) Material concept of history

b) The base- superstructure metaphor
c) The concept of class and ideology
d) The state and law
e) Developments in the Marxism theory

Material Conception of History

According to Lloyd’s introduction to jurisprudence, Professor Hegel, a German
jurist was one of the major proponents of Material Conception of History.

The Material Conception of History explains social changes through history, the
struggles between different social classes in society, the changes the dominant
classes imposed on the inferior class and how the inferior class fought the
ideas of the dominant class. To understand man’s history, it’s important to
understand his productive activity.

Critique of Material Conception of History

Marx criticized the material conception of history in his book the, “Critique of
Political Economy” where he stated that, the principles which govern human
relations are found through man’s pursuit for means of production and
exchange commodities.

Marx identifies two factors of production namely; production forces including

scientific methods of production and production relations among men. These
two factors are interrelated and exchange in one affects the other.

According to Marx, social order/revolution takes place when a new production

force emerges hence creating changes which clash with the existing social
order/forces of production.

The dynamic changes in production affect relations of production which

constitute economic structure of society. This economic structure is the real
foundation of society on which is built up the corresponding legal and political
superstructure.

At a certain stage of development of material forces of production, conflicts

arise especially in property relations. Then there is a phrase of social revolution
where economic foundations are changed together with the entire
superstructure.

No social order ever disappears before all the productive forces for development
have been developed. Marx envisaged the shift of social order due to the
clashes between the different classes in society. This shift will tilt society order
of capitalism depicted under the Material Conception of History to Socialism.
Thus a combination of Hegel notions of material conception of history and
Marx’s critic of material conception of history produced/created the
“Dialectical materialism.”

Under Dialectical materialism, Hegel suggested that whatever happened to

bring about change in society was due to history of the clashes between
different classes in society and the invisible hand of God.

Marx on the other hand took the materialistic approach and believed that
changes in society were due to changes in factors of production and influence
of one class (dominant class) on other classes (the inferior class).

The Base- Superstructure Metaphor

According to Lloyd’s Introduction to Jurisprudence, Marx argued that society

consists of two parts namely;

a. The Base
b. The Superstructure

The Base
The base refers to the production forces or the materials and resources that
generate the goods society needs. These forces include factors and relations of
production. For instance employer- employee work conditions.

The Superstructure
The superstructure refers to society’s other relationships and ideas not directly
relating to production. These include culture, religion, media and state.

Marx argued that superstructure grows out of the base and reflects the
dominant class interests.

The relationship between Base and Superstructure

The Superstructure justifies how the Base operates and defends the power of
the elite.
Both the Base and Superstructure are social creations of ever evolving society
interactions between different classes of people in society.

Antonio Gramsci an Italian political philosopher divided Marx’s Superstructure

into two elements namely;

a. Political society
b. Civil society

Political society consists of the organized force of society such as police and
military while civil society refers to the consensus- creating elements that
contribute to cultural hegemony.

Both constituents of the Superstructure (political society and civil society)

depend on the values of the Base to serve and enforce societal values which
enhance production forces/values.

The concept of Class & Ideology

Karl Marx classified production in society in form of classes. An individual’s

position within a class hierarchy is determined by their role in the production
process and ideological consciousness (group mentality) is determined by class
position.

According to Lloyd’s Introduction to Jurisprudence, a class refers to a group of

people who share common economic/social interests, are conscious of those
interests and engage in collective action which advances those interests.

To Marx, a class constituted a group with intrinsic tendencies and interests

that differ from those of other groups within society.

Class structure

Marx distinguished classes based on ownership of the means of production and

control/power of others. Based on this criteria Marx classified society into two;
 a. The capitalist/ Bourgeoisies
b. The workers/proletariat

Classes are determined by property ownership, distribution and consumption.

The Capitalist/Bourgeoisies own the means of production and purchase the

labor power of others.

The Worker/Proletariat: This group does not own any means of

production/property or ability to purchase the labor power of others. This class
sells their labor power to the capitalists.

Note

Both classes seek to maximize their interests during their social interaction in
the production process.

The worker’s best interest is to maximize their wages and benefits while the
capitalist’s best interests are to maximize profits.

Karl Marx further distinguished/classified the labor class into Workers and
Lumpens.

The Workers
The workers were individuals who had professional or blue collar occupations.
This group sold its labor to the capitalist in exchange for means of livelihood.

The Lumpens
The Lumpens is the group who lacked professional or blue collar occupation.
This group is dangerous to society since they can be used by capitalists or
politicians to adhere interior motives in society.
THE STATE AND LAW
According to Lloyd’s Introduction to Jurisprudence, Marx perceived the law as
the product of economic forces and a tool of the ruling class to maintain power
over the ruled.

According to Marx, modes of work determine the applicable law to society

hence legal relations and forms of the state could neither be understood by
themselves nor explained by the progress of the human mind but they are
rooted in the material conditions of life.

The state produced basic services which constituted its wealth. In a capitalist
economy, the working classes were exploited by the capitalists.

In the second stage of evolution of the state, capitalism will collapse because
small corporations of the workers merge into big companies to compete with
the capitalists in order to reduce production prices. This will create the internal
contradictions in capitalism where the workers team up, combine resources
and clash with the capitalists over factors of production.

The victory of the workers over the capitalists will lead to the workers having
control over means of production hence creating socialism.

Law plays a dangerous role in a capitalist state since it allows the capitalists to
monopoly of property and factors of production.

In a socialism state, all property is owned by the state and the working class
will achieve their needs hence attaining true human freedom and real control
over their working environment.

The progress to the ideals of freedom and justice Marx emphasized can be
realized through material control over working life and production processes.
This will in turn lead to the distribution of goods/resources according to class’
needs or ability.
Once society has changed to Communism, it will produce enough goods and
services so that everyone’s needs can be satisfied.

Perception of law in a Capitalist state

In a capitalism state, Marx and Hegel viewed law as a tool of the ruling class to
maintain its powers over the ruled. Further, law was a system or social relation
which corresponds to the interests of the dominant class and is safeguarded by
the organized force of the dominant class.

Perception of law in a Communist state

In this state, the dominant/strong class is the working class. The law is seen to
represent the will of the working class. This has been achieved in the state of
the USSR.

Law was viewed as the expression of a unified will of all the people under a
Communist state.

Withering a way of the law.

Marx & Hegel envisioned a 3rd phrase of societal evolution known as withering
away of the law in the future Communist society.

The law as a tool of social regulation in a market economy in which

independent private producers and owners of commodities exchange their
products by means of contracts and transactions.

According to Hegel, law was obsolete in a socialist state/society characterized

by unity of social purpose hence legal rules for settling disputes between
individuals and groups would not be needed in a socialist state due to
singleness of purpose/ambition.

Secondly, when classes created in a Capitalist state disappear after the

revolution of workers over the capitalists, there will be no need for the law in
which to experience class- rule. This is so because poverty will vanish in a new
classless society.
People will develop into group creatures having no need for codes and rules.

DEVELOPMENT IN MARXISM
The writings of Marx have been analyzed by several writers and Jurists such as
Karl Denner, Antonio Gramsci Interlia.

KARL DENNER
In his book institutions of private law and their social functions, Denner
utilizes Marx’s theories. According to Denner, inspite of the stability of legal
concepts such as property law/contract law, to understand the said concepts,
one needs to appreciate society’s economic base which influences the changes
and stability of the legal concept.

The owner of production means can use his influence to control other persons
and cause changes in governance of the means of production. This will in turn
influence legal concepts such as sale, tenancy, hire purchase and contracts of
service (employment).

Furthermore, Denner suggested that legal concept/law are active agents in

reshaping social conditions.

Some of Denner’s theories somehow contradicted Marx’s theories. Mark viewed

law as a tool of the Capitalists (Superstructure) to achieve their
motives/economic goals over the Base (the workers).

Denner maintained that the Base and Superstructure were “metaphors” since
they served only to illustrate social relations.

Economic transformations in society had no capacity to influence/bring about

changes in law.

NOTE
Denner as a Jurist/political thinker agreed with Karl Marx’s theories and
disagreed to a certain extent as shown above.
ANTONIO GRAMSCI
As a Jurist, his contribution to Marx’s theories was centered on the concept of
class and ideology. He developed the concept of Ideological Hegemony of the
ruling class over others. He suggested that there is no sharp distinction
between the state and civil society. The ruling class dominates both
institutions of civil society.

Under ideological hegemony, he further suggested that for a nation to develop,

there must be a minimum commonality/common factor such as language,
culture/interest. Therefore, many African countries are not nations in the
sociological terms since they lack a common language.