Socialist Theories of Law

(3 Credit Hours) · Undergraduate

The course on socialist theories of law proposes to trace the history of movements related to socialism, in particular Marxism, anarchism, and the different forms of reforming socialism, in order to question their relationship to law. The legal discourse, because it brings into play the concepts of justice, State, property, human rights, represents a central element of socialist doctrine. But it crystallizes many tensions, and this is the issue on which socialist writers are perhaps most divided. The study of legal theories thus constitutes a privileged gateway to grasp the most important aspects of socialism insofar as it makes it possible to recall the central points of this set of doctrines, and at the same time shows its limits. However, this course does not have the sole objective of recapitulating socialist ideas and the criticisms that may have been made of them. It is placed in a perspective that is both historical and theoretical. On the one hand, it is a question of shedding light on the history of socialism in the light of the global history of capitalism in order to better understand the role played by these critical theories. And on the other hand, to show that the debates that have emerged in the socialist currents pose philosophical and legal questions useful for the formation of a critical reflection on capitalist civilization. To what extent can the law bring change? Is the struggle for rights enough for the transformation of capitalist society? Can we envisage a post-capitalist society? What would be the role of law and the state? Is an exit from the capitalist system desirable? In the name of what principle? Is it relevant to pose the question in the field of values? All these questions, which have occupied the minds of socialist authors, resonate with many current issues and bear witness to the ambivalent nature of the law. Product of market society, it is also the privileged terrain of social struggles, and is therefore often considered as a bulwark against the excesses of capitalism. It is this ambivalence that explains the quarrels that have run through socialism about the law, sometimes criticized, sometimes summoned as A means of legitimizing social demands; sometimes considered as the instrument of the bourgeoisie, sometimes employed as a tool in the service of socialism. While social struggles today inevitably pass through legal struggles, it seems necessary to understand this duality of law. To delve into the history of socialism is to question the legal structure of capitalism and the potentialities of social transformations that it contains. This course is therefore placed in a multidisciplinary perspective and aims to provide students with historical, philosophical, economic and legal knowledge, while trying to provide them with tools of critical analysis to think about capitalist modernity.