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)

Karl Marx (1818-1883) is best known not as a philosopher but as a revolutionary communist, whose works inspired the foundation of many communist regimes in the twentieth century. It is hard to think of many who have had as much influence in the creation of the modern world. Trained as a philosopher, Marx turned away from philosophy in his mid-twenties, towards economics and politics. However, in addition to his overtly philosophical early work, his later writings have many points of contact (...) with contemporary philosophical debates, especially in the philosophy of history and the social sciences, and in moral and political philosophy. Historical materialism — Marx's theory of history — is centered around the idea that forms of society rise and fall as they further and then impede the development of human productive power. Marx sees the historical process as proceeding through a necessary series of modes of production, culminating in communism. Marx's economic analysis of capitalism is based on his version of the labour theory of value, and includes the analysis of capitalist profit as the extraction of surplus value from the exploited proletariat. The analysis of history and economics come together in Marx's prediction of the inevitable economic breakdown of capitalism, to be replaced by communism. However Marx refused to speculate in detail about the nature of communism, arguing that it would arise through historical processes, and was not the realisation of a pre-determined moral ideal. (shrink)

This paper argues that it is possible to combine enactivism and ecological psychology in a single post-cognitivist research framework if we highlight the common pragmatist assumptions of both approaches. These pragmatist assumptions or starting points are shared by ecological psychology and the enactive approach independently of being historically related to pragmatism, and they are based on the idea of organic coordination, which states that the evolution and development of the cognitive abilities of an organism are explained by appealing to the (...) history of interactions of that organism with its environment. It is argued that the idea of behavioral or organic coordination within the enactive approach gives rise to the sensorimotor abilities of the organism, while the ecological approach emphasizes the coordination at a higher-level between organism and environment through the agent’s exploratory behavior for perceiving affordances. As such, these two different processes of organic coordination can be integrated in a post-cognitivist research framework, which will be based on two levels of analysis: the subpersonal one and the personal one. If this proposal is on the right track, this may be a promising first step for offering a systematized and consistent post-cognitivist approach to cognition that retain the full potential of both enactivism and ecological psychology. (shrink)

In this paper I offer a new interpretation of Marx’s essay On the Jewish Question which re-states its key ideas but removes unnecessary debates that are not relevant to current political and legal problems. Because OJQ is a demonstration of critique it does not offer positive proscriptions or suggestions for change. Its utility, I argue, lies in the way it can help us think about the limits of resolving deeply entrenched power-relations without a thoroughgoing engaging of how those powers are (...) created and enacted in civil society. With this in mind I read OJQ alongside the recent campaign to legislate for marriage equality in Australia and the movement to recognise environmental human rights. While both movements might ameliorate instances of discrimination and harm, I argue that they cannot resolve those powers that limit certain kinds of access or render people and things subordinate to other interests. (shrink)

Reading different or controversial intentions into Marx and Engels’ works has been somewhat a common but rather unquestioned practice in the history of Marxist scholarship. Engels’ Dialectics of Nature, a torso for some and a great book for others, is a case in point. A bold line seems to shape the entire Engels debate and separate two opposite views in this regard: Engels the contaminator of Marx’s materialism vs. Engels the self-started genius of dialectical materialism. What Engels, unlike Marx, has (...) not enjoyed so far is a critical reflection upon the relationship between different layers of this text: authorial, textual, editorial and interpretational. Informed by a historical hermeneutic, inquiry into the elements that structure the debate on “Dialectics of Nature,” and into the different political and philosophical functions attached to it, makes it possible to relocate the meaning of “dialectics” in a more precise context. Engels’ dialectics is less complete than we usually think it is, but he achieved more than most scholars would like to admit. (shrink)