The Communist Manifesto’s salient point was set out in Critics of the Gotha Program as “From Each According to Their Abilities, to Each According to Their Needs”. The demise of communism in the former Soviet Union has caused its critics to claim that ‘revolutionary’ political theory has no basis for legal or philosophical development. The contention of those who oppose radical socialism achieved by the levelling of the classes proclaim that this is an unattainable goal. They argue that a ‘withering (...) of the state’ is not possible for the implementation of Marx’s theory because of the centralisation that is inevitable in socialism which leads to an aggregate of relationships that redistributes power at the apex of the hierarchy. However, this appraisal has to be viewed with reference to the adoption by Marxists of socio legal theory as an analytical tool that has spawned arguments based on legal realism. This article examines the construction of these arguments within the sociology of law and looks at the inception of critical race theory which projects historical injustices towards a racial minority and seeks to transform society by exposing law as an instrument of oppression. (shrink)

This article argues that the long-standing tension in Jeffrey Alexander’s work between theoretical multidimensionality and socio-cultural idealism has intensified in his recent writings, to problematical effect. Whilst Alexander has shifted of late towards a more substantive and normative style of thinking, his new emphases continue to be grounded in arguments pitched at the general theoretical level. One of these involves a particular reading of the nature of post-positivist meta-theory today, and the other, within this, is a determined effort to distinguish (...) a project of ‘cultural sociology’ from ‘sociology of culture’ approaches. I take issue with both of these theoretical moves, showing that they are rhetorically and conceptually flawed, and of a strongly idealist cast. They also run counter to those aspects of Alexander’s outlook that do seem more robustly multidimensional and sociologically promising. (shrink)