Legal naturalism : a Marxist theory of law / Olufemi Taiwo.

By:

Taiwo, Olufemi [Author]

Material type: Text

text

Media type:

computer

Carrier type:

online resource

ISBN:

9781501701740

Subject(s):

Genre/Form:

Electronic Books.

LOC classification:

K460 .L443 2015

Online resources:

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Available additional physical forms:

Contents:

2. A Marxist Theory of Natural Law -- 3. Laying Down the Law: The Positivization of Natural Law -- 4. On the Autonomy of Law -- 5. Change and Continuity in Law -- 6. Should Law Wither Away?

Subject: 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. In this sophisticated, well-written book, 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.Summary: 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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Holdings
Item type	Current library	Collection	Call number	URL	Status	Date due	Barcode
Online Book (LOGIN USING YOUR MY CIU LOGIN AND PASSWORD)	G. Allen Fleece Library ONLINE	Non-fiction	K460 (Browse shelf(Opens below))	Link to resource	Available		ocn937724858

Includes bibliographies and index.

1. The Foundation: Marx on Law and Laws -- 2. A Marxist Theory of Natural Law -- 3. Laying Down the Law: The Positivization of Natural Law -- 4. On the Autonomy of Law -- 5. Change and Continuity in Law -- 6. Should Law Wither Away?

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. In this sophisticated, well-written book, 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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