Law and Social Theory: Marx

Question 5. Surplus Value, Exploitation, Class Struggle and Law

Do you think that Marx believed law to be: the source of the workers exploitation; a way to justify it; a way to mitigate it; or, a means to overturn it? Or all of these things at once or in turn (in which case what does this tell us about law and Marxs method?)

Give reasons for your views based on a reading of the primary texts and informed by secondary research. In answering, you must refer to the material on struggles over the length of the working day and the Factory Acts legislation in Capital.

Research

You are expected to do research for this essay.

This is not a research essay in the same sense as the major essay later in term. For the
major essay, you will be expected to do a substantial amount of research and display a good
grasp of some of the academic debates around the issue.

This is a much shorter essay, so much of your essay will be taken up explaining the ideas
contained in the set readings, and there is less space for engagement with the debates
around them. Nonetheless, it is crucial that you do some research and use this in your essay
to deepen and support your analysis. This in part because it will help you to develop your
understanding of the primary texts. It is also in part because finding appropriate sources and
using them well is an important research skill. So, it is important to test your research skills in
this early essay so that you can develop them for the second essay. I would expect a good
essay to use around 6 well-chosen sources (in addition to the primary texts that you are discussing).

Also note, much of the best and most recent literature can be found in journals devoted to law, legal theory and the sociology of law. Many non-law specific journals, devoted to social theory, sociology, social philosophy, political theory and culture theory also provide valuable sources of information.

Formatting
Please submit your essays with the following formatting:
Times new Roman 12 point
-1500 words
Normal Borders
1.5 times spacing
-Write in first person
– 6 scholarly peer reviewed sources in ADDITION to the original material (primary)

Citations:
– APA format
-Must do pinpoint referencing in footnote style
-bibliography at end with ALL sources
– Essay requires engagement with class readings, which i can provide
-Essay requires at least 6 scholarly peer reviewed sources in addition to the original material

Notes:
– question has two parts. First – your view on whether Marx thinks law is part of the problem or part of the solution, or both, or none? Second – whatever you think law is for Marx, give opinion about what that tells us about Marxs way of thinking about the law.
– Intro and Conclusion should only take 300 words.
– First part should be about 500 words
– Second part should be about 700 words (analytical)
-MUST engage with Marx onL Surplus Value, Exploitation, Class Struggle and Law, historical materialism, and Marx’s Capital texts which I can provide.

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