UNIT 10

MARXIST THEORY OF LAW

The Marxist theory of law is rooted in the broader Marxist framework developed by Karl Marx and Friedrich Engels. This theory views law as a tool used by the ruling class to maintain control over the working class and perpetuate the capitalist system. It posits that law is not a neutral or impartial arbiter but rather an instrument of oppression and exploitation. This theory contrasts sharply with other legal theories, such as natural law and legal positivism, which view law as either a manifestation of moral principles or a system of rules that are independent of social or economic factors. Key points of the marxist theory of law includes the following;

1. Law as an instrument of class domination: this is where Marxist theory asserts that laws are created by the ruling class to serve their own interests. The ruling class, in a capitalist society, is composed of those who own the means of production. They use their economic power to shape the legal system in a way that protects their property and suppresses the working class.
2. The base and superstructure model: this is where Marx and Engels introduced the concept of the "base and superstructure" to explain the relationship between the economic foundation of society (the base) and the legal and political institutions (the superstructure). According to this model, the economic base of a society determines the nature of its superstructure. The legal system, as part of the superstructure, reflects and reinforces the economic relationships of the base.
3. Law and ideology: this is where the Marxist theory views law as part of the ideological apparatus used by the ruling class to perpetuate its dominance. Law, along with other institutions like education and religion, serves to create a false consciousness among the working class, making them accept their exploitation as natural or inevitable.
4. Law and social change: While law is seen as a tool of oppression, Marxist theory also recognizes that it can be a site of struggle and change. The working class can use legal mechanisms to fight for better working conditions, wages, and rights. However, fundamental change requires a revolution that overthrows the capitalist system and establishes a classless society.

MARXIST THEORY OF LAW IN NIGERIA

1. Historical context: this is where Nigeria's legal system, like those of many former colonies, has been shaped by its colonial history. The British colonial administration established a legal system that served the interests of the colonial rulers. This legacy persists in various forms, with laws that often reflect the interests of the elite class.
2. Law and economic interests: In Nigeria, the application of Marxist theory can be observed in how laws often favor the economic interests of the elite. For example, land ownership laws have historically favored those with economic power, marginalizing peasant farmers and indigenous communities. See the case of Shittu v. Fashawe (2005) 14 NWLR (Pt. 946) 671 where the Supreme Court of Nigeria dealt with issues of land ownership and the rights of individuals versus those of powerful economic entities and the ruling highlighted the challenges faced by the less powerful in asserting their rights against economically dominant individuals or groups.
3. Labor laws and workers rights: this is where the struggle for workers' rights in Nigeria reflects the Marxist perspective of law as a site of class struggle. Labor laws have been a crucial area where the working class has sought to improve their conditions, often in the face of opposition from employers and the state. See the case of Nigerian Union of Railway Workers v. Nigerian Railway Corporation (1996) 10 NWLR (Pt. 478) 60 which involved a dispute between the Nigerian Union of Railway Workers and the Nigerian Railway Corporation and the court's decision underscored the tension between workers' rights and the interests of state-owned enterprises, illustrating the class dynamics at play.
4. Criminal law and social control: this is where Marxist theory also views criminal law as a means of social control, used to suppress dissent and maintain the status quo. In Nigeria, the application of criminal law often disproportionately affects the poor and marginalized, reinforcing existing social inequalities. See the Criminal Code Act (Cap C38 LFN 2004) which contains numerous provisions that can be seen as tools for maintaining social order and protecting the interests of the ruling class. For example, sections dealing with offenses against public order are often used to suppress protests and labor strikes.

CRITICISMS OF THE MARXIST THEORY OF LAW

While the Marxist theory of law offers a compelling critique of how law functions within capitalist societies, it is not without its criticisms which includes the following:

1. Determinism: this is where critics argue that the theory is overly deterministic, reducing all legal phenomena to economic factors and class struggle, ignoring other influences on law.
2. Revolutionary focus: this is where the emphasis on revolution and class struggle can be seen as impractical or unrealistic in contemporary societies, where incremental legal reforms are often more feasible.
3. Neglect of legal autonomy: this is where the theory is criticized for not adequately recognizing the relative autonomy of the legal system and its potential to bring about social change within the existing framework.

CONCLUSION

The Marxist theory of law provides a powerful lens through which to view the relationship between law and society, particularly in terms of class dynamics and economic interests. In the Nigerian context, this theory helps to understand the ways in which laws have historically favored the elite and how legal struggles continue to shape the lives of ordinary Nigerians. While not without its criticisms, the Marxist perspective remains a valuable tool for analyzing the complex interplay between law, power, and society.