Capitalist social relations 2

Marx vs Weber

Marx’s View:

• Main focus: The economy shapes everything else (like politics, law, and ideas).

• Historical Materialism: The way people make and exchange goods (the economy) creates their way of thinking and social systems.

• Existence creates consciousness: People’s material conditions (jobs, wealth, class) shape their beliefs and ideas — not the other way around.

• Class: Society is divided by ownership — those who own property (the rich) and those who don’t (the workers).

• Motivation: People are driven by economic survival and interests.

• History: Every society has had class conflict, depending on its mode of production (for example, feudalism → capitalism).

Weber’s View:

• Main focus: Culture and ideas are just as important as the economy.

• You can’t explain ideas (like religion, ethics, or values) just by looking at the economy.

• People are motivated not just by money, but also by tradition and values.

• He identified three types of authority:

  1. Charismatic (based on personal charm or leadership),

  2. Traditional (based on customs),

  3. Legal-rational (based on laws and rules — like in modern democracies).

• Class: In Weber’s view, class appears only under capitalism, where people’s position is based on the market(skills, jobs, income) — earlier societies had status groups, not classes.

• Development: Societies change through different forms of domination or authority, not just different economic systems.

Relationship between state and law

Instrumental Marxism explains the relationship between the state (government) and the law under capitalism — it argues that both mainly exist to protect the interests of the rich and powerful.

1. The government serves the rich.
   The state is organized to protect the dominant economic class — the capitalist ruling class (those who own big businesses, property, and wealth).

2. Laws are tools of the rich.
   The legal system and criminal laws aren’t neutral — they’re used as instruments by the ruling class to keep the current social and economic system in place.

3. Crime control benefits the powerful.
   Police, courts, and prisons are all run by government elites who act in the interests of the ruling class, maintaining “domestic order” (meaning keeping poor and working-class people in line).

4. Capitalism has contradictions.
   In advanced capitalism, there’s a gap between how things seem (equality, justice) and how things really are(inequality, exploitation).
   To keep the system stable, the ruling class oppresses the lower classes, often through force, punishment, and the legal system.

5. Real change = end of capitalism.
   According to this view, crime and inequality could only truly be fixed if capitalism collapsed and society was rebuilt on socialist principles (where resources are shared more equally).

6. Control through ideas (not just force).
   The ruling class also keeps control by shaping people’s beliefs through media and education — this is called the “ideological state apparatus.”
   It makes people believe the system is fair, even when it’s not.

7. Rights are an illusion.
   The Canadian Charter of Rights and Freedoms and the Constitution make it seem like everyone has equal rights, but according to Instrumental Marxists, this is just for show.
   In reality, these “rights” hide the fact that the law mainly serves to control and repress the lower classes.

8. The justice system distracts people.
   The formal procedures (like trials and court processes) look fair, but they actually distract society from the real problems — like inequality and exploitation under capitalism.

9. The rich are protected.
   Powerful people rarely face consequences (“beyond incrimination”), while the poor and powerless are the ones who usually get punished or end up in trouble with the law.

10. Elites shape how we see crime.
    Our collective idea of what counts as a crime (and why we need harsh laws) is influenced by the elite — they make society fear the poor or “dangerous” groups, instead of questioning the inequality that causes problems.

11. The ‘reasonable person’ benefits the powerful.
    In law, the “reasonable person” standard is supposed to represent what a normal, fair-minded person would do.
    But Instrumental Marxists say this standard actually reflects elite values — it defines “reasonable” based on what the ruling class thinks is normal, not on everyone’s lived reality.

12. Law creates obedient workers.
    The “juridic subject” (the idea of a rational, law-abiding citizen) is important for capitalism — it trains people to follow rules, work predictably, and accept authority.
    This helps create obedient citizens and workers who fit neatly into the system.

13. Law, politics, and economy are all connected.
    There’s no real separation between the economic system, political system, and legal system — they all work together to support capitalism.
    The law reflects economic conditions — meaning when the economy benefits the rich, the law will too.

---

State and law instrumental 

In Instrumental Marxism, the state and law are seen as tools the ruling class uses to control people and protect their own power — even when it looks like everyone has equal rights.

---

Simplified Breakdown:

1. People’s thinking is shaped by the system.
   Our consciousness (beliefs, values, attitudes) are manipulated by powerful institutions like media, education, and family so that people accept capitalism as normal and fair.

2. Families are shaped by work and capitalism.
   Even family life is influenced by capitalism — families are organized around what the capitalist workplace needs(for example, parents working long hours, teaching obedience, preparing kids to be future workers).

3. If people don’t obey, law steps in.
   When these softer forms of control (family, education, etc.) don’t work, the legal system takes over — using force, punishment, and fear to make people obey.

4. Law protects the powerful.
   The legal system isn’t neutral — it’s mainly there to control the working class and stop threats to the rich and powerful.

5. Rights are just for show.
   The Canadian Charter of Rights or Constitution gives the illusion of fairness and equality, but Instrumental Marxists say these are just “props” — they make the system look democratic while hiding the fact that law mostly serves the elites.

6. Legal procedures distract from real issues.
   Trials, laws, and criminal justice processes may look fair and orderly, but they distract the public from deeper issues like poverty, inequality, and exploitation.

7. The powerful don’t face consequences.
   The rich and influential are often “beyond incrimination” — meaning they don’t get punished even when they do wrong, because the system protects them.

Structural marxism

1. Juridic Subject (from the previous part):

• The juridic subject is the idea of a rational, law-abiding individual.

• It’s important for capitalism because it helps create predictable, obedient workers and citizens who follow rules and fit into the system.

• The law and legal ideas are influenced by the ruling class — they shape how people think and behave.

• There’s no real separation between the economy, politics, and law — they all support each other.

• The law reflects (mirrors) economic conditions — when the economy changes, laws adapt to protect capitalism.

2. Structural Marxism (new section):

• The legal system is “relatively autonomous” — meaning it looks like it’s independent from politics and the economy, but it’s still shaped by capitalist needs.

• Capital logic (profit, ownership, competition) guides everything — including how the law works.

• The powerful don’t directly control judges or laws, but the system’s structure naturally benefits them.

• The state (government) manages society in a way that keeps both the rich and poor under control — but the rich still end up benefiting more.

3. Two main functions of the state:

1. Repression: Using force (police, courts, prisons) to keep order and stop resistance.

2. Legitimation: Making the system seem fair and natural so people accept it.

4. Commodity Exchange Theory of Law:

• The law develops from the way goods are exchanged in capitalism.

• When people buy, sell, and trade property, certain legal ideas and forms naturally appear — like contracts, ownership, and rights.

• These exchanges make people look equal and free (everyone can trade), but in reality, power and wealth are very unequal.

• So, legal forms and legal thinking come from economic processes — they grow out of how capitalism works.

commodity fetishism

a Marxist idea that shows how, in capitalism, we start valuing things (commodities) more than the people and labor that created them.

1. Commodities have two types of value:

   • Use value: What something is actually useful for (e.g., a shirt keeps you warm).

   • Exchange value: How much money it’s worth when sold (its price).
     In capitalism, the exchange value becomes more important than the use value.

2. Commodities hide inequality.
   Different products take different amounts of labour and skill to make — some people work harder or under worse conditions.
   But when these products are sold, they all seem equal — just things with price tags.
   This hides the inequality and exploitation behind them.

3. Commodities become abstract and “magical.”
   When something enters the market, it loses its connection to the human work behind it.
   The “use value” disappears, and all we see is its price or prestige.
   People start to “worship” things — that’s called commodity fetishism.
   (Example: caring more about brand names or celebrity paychecks than the workers who made the product.)

4. Example:

   • A famous actor earns millions, while a factory worker earns almost nothing — but society admires the actor’s “value” instead of questioning the unfairness of the system.

   • We measure people by their income, not their real human worth or effort.

5. Alienation:
   Workers become disconnected from the value of their labour — they don’t see themselves in what they produce.
   The product becomes something separate and superior, and the human effort behind it is forgotten.

6. Connection to law:
   This same logic appears in legal systems.

   • In law, a person becomes an abstract “legal subject” — judged as a “reasonable person” or a citizen — not as a real human with unique struggles.

   • Just as a product is turned into a commodity, a human being is turned into a legal category with “value” that fits capitalism’s structure.

Legal rights and commodification

• Law follows the same pattern as the market.
  Just like capitalism turns products (commodities) into abstract things with prices, the legal system turns people into abstract “legal subjects” — meaning, individuals with rights and duties.

• Constant trading creates illusions.
  When people constantly buy, sell, and trade in a capitalist society, it creates certain “appearances” — or illusions — that make people seem:

  • Equal (everyone looks like they have the same freedom to trade)

  • Free (everyone appears to enter contracts by choice)

  • Property owners (everyone seems to own something valuable)

  But in reality, not everyone is truly equal or free — some people have way more power, money, and choices than others.

• Rights look fair but hide inequality.
  The law treats everyone as equal, free individuals with rights, but this masks real differences — like wealth, privilege, and class.
  For example: A billionaire and a minimum-wage worker both “have the same right” to buy property — but only one of them actually can.

• The “juridic subject.”
  This is the legal idea of a person — someone who has rights and responsibilities under the law.
  But this abstract version of a person hides their real-life struggles or inequalities.
  Everyone is treated as if they start from the same position, which isn’t true.

• Freedom, equality, property = illusions.
  These sound like noble values, but they are really appearances — ideas that make capitalism look fair and just, even though it’s not.
  They’re like “props” that cover up exploitation.

• The juridic subject becomes a fetish.
  Just like money becomes something people worship and value above all else, the idea of the “legal individual” (juridic subject) becomes idolized — treated as the perfect standard of fairness and equality.
  But it’s still an illusion that hides real social inequality.

What is “legal fetishism” in Marxist theory?

It’s when law appears to treat everyone equally and fairly, but actually hides real inequalities like wealth, class, and power. Rights and legal equality are just appearances.

What is a “juridic subject” and why is it important in capitalism?

A juridic subject is a legal person with rights and responsibilities. It abstracts real human differences, masking unequal advantages and making everyone appear equal under the law.

How did legal rights differ under feudalism vs. capitalism?

Feudal rights depended on social status (serf, lord, citizen). Capitalism created formal equality before the law, treating everyone as an “equal legal subject,” even if real-life inequality remained.

Give examples of legal fetishism in practice.

Speeding tickets cost the same for rich and poor → affects poor more.

• Criminal law uses “time” as universal measure of punishment.

• Environmental law commodifies air, water, and carbon credits.

How is legal fetishism like commodity fetishism?

Just like money hides the human labor behind products, the law hides real social inequalities. People are treated as abstract legal subjects, and equality appears real but is symbolic.