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As with
Humanist law, Marxist law is based squarely on the assumptions that God does not
exist and that man is an evolving animal. Just as these assumptions cause the
Humanist to abandon the concept of an absolute moral code or natural law, they
force the Marxist to deny the existence of any law grounded in an authority
outside of man.
V. I. Lenin asks,
"In what sense do we repudiate ethics and morality?" He answers,
"In the sense in which it was preached by the bourgeoisie, who derived
ethics from God’s commandments. We, of course, say that we do not believe in
God. . . ." The Marxist understands well that his denial of
the existence of God causes him to deny any supernatural commands as well.
"We deny all morality taken from superhuman or non-class conceptions,"
said Lenin. "We say that this is a deception, a swindle, a befogging of the
minds of the workers and peasants in the interests of the landlords and
capitalists." Engels is equally adamant: "We therefore reject
every attempt to impose on us any moral dogma whatsoever as an eternal, ultimate
and forever immutable moral law. . . ."
This attitude is echoed by
modern-day Marxists. L. S. Jawitsch, a Marxist law theorist, writes,
"There are no eternal, immutable principles of law." Elsewhere
he clarifies this point: "the character of the legal backing of social
relations, the content of legislation, the state of the rule of law, and the
legal status of the individual, like the political system, constitutional
authority, and prevailing moral values, are not, from the standpoint of the
materialist conception of history, eternal and immutable, not given by a
supernatural power, and cannot be deduced from any metaphysical principles of an
absolute idea or a priori requirement of reason... "
Because the supernatural
does not exist, the Marxist must find another basis for law and ethics.
Naturally, this basis is
the same as the Humanist foundation: mankind. Without the supernatural, only the
highest animal in nature can be responsible for determining law. Thus, Lenin
states, "We repudiate all morality taken apart from human society and
classes." The text Socialism as a Social System stands with
Lenin: "Under socialism, man’s ethicalness, happiness, dignity and
freedom are the basis of all moral standards. Viewed from this standpoint, man
is the yardstick of all values. All is moral that is conducive to man’s
all-round development."
With man as the yardstick,
morality and law must evolve right along with mankind. Howard Selsam declares,
"The Ten Commandments are an important landmark in human social and moral
progress. . . . But this in no way relieves us of the task and the
responsibility of modifying and reinterpreting these moral principles in the
light of new experience, new conditions, and new times." Laws and
principles are always
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subject to reinterpretation when man’s
reason is the only means of determining their validity.
Marxism also must deny the
existence of natural rights—for the same reason Marxists deny God, an absolute
moral code, and a natural, fixed law. If man is the only ethical yardstick, then
no unchanging principles can exist, including rights. Maurice Cornforth states,
"Rights in general are not . . . inherent in men as men, by
virtue of their common human essence. They correspond rather to definite social
requirements of definite people situated in definite circumstances."
Clearly the Marxist
perceives rights and law as arising from mankind and society, rather than from
the commands of a supernatural Being. This implies that law arose at a specific
point in history, sometime after the emergence of man on the evolutionary scene.
Thus, the Marxist must address the question: When and how did law originate?
The Origin of Law
According to the Marxist, as soon as man formed a
society and the most rudimentary economic structure involving class
distinctions, two things came into existence simultaneously: law and the state.
The reason for this is that societies and economies require order to function
properly, and so laws had to arise to prescribe the bounds of order, and the
state had to evolve to enforce the order.
Engels describes the origin
of law and the state this way: "At a certain, very primitive stage of the
development of society, the need arises to co-ordinate under a common regulation
the daily recurring acts of production, distribution and exchange.
. . . This regulation, which is at first custom, soon becomes law.
With law, organs necessarily arise which are entrusted with its maintenance—public
authority, the state."
This regulation must exist
in societies divided into classes because, according to the Marxist, class
distinctions will always create conflict and disorder and must be kept in check
as much as possible by laws and the state. Engels writes, "In order that
these . . . classes with conflicting economic interests, may not
annihilate themselves and society in a useless struggle, a power becomes
necessary that stands apparently above society and has the function of keeping
down the conflicts and maintaining ‘order.’ And this power, the outgrowth of
society, but assuming supremacy over it and becoming more and more divorced from
it, is the State."
Unfortunately, this state
that arises to subdue class conflict actually winds up perpetuating the
conflict, since the
continued on page
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Brainwashing and Indoctrination
by Dr. Fred C. Schwarz
The term "brainwashing" is not
always used to indicate the process described. The word has captured
public imagination and is used very loosely. The process of indoctrination
by repetition rather than reason is frequently termed brainwashing. The
Communists are adept at this also. They tell a lie, make it big, repeat it
often, and the majority of people believe them.
This, of course, is a
principle that has long been practiced by advertisers. There are some
particularly remarkable examples in the field of tobacco advertising.
There is little attempt at a reasoned, logical argument. They seek a
catchy slogan to repeat over and over again. Some years ago when a certain
company was promoting an especially long cigarette, the slogan adopted
was: "Screens out irritants but never screens out flavor." The
idea apparently was that the length of the cigarette acted as a filter.
The question which should arise at once is: What happens when the
cigarette burns down to the normal size? Yet this obvious lack of logic
and common sense apparently made no difference to the effectiveness of the
advertising campaign. The slogan was repeated so many times that large
numbers of people unquestionably assumed its truth.
Driving back one
night from Milwaukee to Chicago, I listened to a remarkable interview on
the radio. The man being interviewed was a prosecuting attorney. He was
discussing drinking drivers. He was devastating. He said, "Anyone who
drinks and drives an automobile is a potential murderer. Anyone who
drinks, drives an automobile and kills is an actual murderer. There is no
difference between killing as a result of drunken driving, and killing
with a gun. Since everybody drives, nobody should drink. One drink lowers
your efficiency and increases your reaction time. There is only one place
for drinking drivers and that is prison. By God’s grace, that’s where
I intend to put them!"
No sooner had he
finished than the announcer’s voice was heard: "The foregoing
interview was sponsored by a well-known brand of beer." There
followed a specious statement that because this beer was the best of all
beers, you owed it to yourself and your friends to pick up a carton of it
on the way home and to keep it in the refrigerator as you never knew when
your friends might drive by and call on you. If you did not have a drink
there to welcome them, you were certainly a poor host and no gentleman.
The sponsors of this
program were not trying to ruin their business. They doubtless knew very
well that the
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program would do them no harm, for they
were well aware that repetition would conquer reason. The listening audience
would hear the prosecuting attorney once, and perhaps they would agree with
him; but they would hear the beer announcement a hundred times. Reason may
reach the conscious mind while repetition influences the unconscious mind
which is the source of so much human conduct.
The Communists know
that if they want something accepted without question, they must say it, say
it, and say it again. Therefore they are repeating day and night by radio,
by television, by literature of every type, two simple lies: one is that
wherever Communism is in power, the people are prosperous, healthy, happy
and free; the other is that America is vile and evil beyond measure, a land
of hunger, malnutrition, depression, exploitation, poverty and fear, and a
desperate threat to the peace of the world. An evidence of this Communist
technique is a book which they have published in Australia called This is
America. There is not one word in this book which is not quoted directly
from the non-Communist American press. Out of the tremendous quantity of
material published, the Communists have taken any statement which can help
to build a picture of a poverty-ridden, oppressed America. All the articles
and statements that suggest otherwise, they have ignored completely. The
following are some quotations from the book.
"One third of the
city’s babies, born and unborn, suffer from malnutrition as a result of
high prices, the Right Rev. Charles K. Gilbert, Bishop of the Episcopal
Diocese of New York, told the Congressional Committee." New York World
Telegram, September 25, 1947.
"We feed our hogs
better than our children." Heading on an article in the American
Magazine, October, 1947, by Fred Bailey, Executive Director of National
Agricultural Research, Inc.
"Approximately
2,500,000 residents of New York face undernourishment and deficiency diets
due to the inflated costs of food. This is the grim, outstanding evidence
produced by a four-day hearing on food prices by the eastern sub-committee
of a joint Congressional Committee." Quoted in the Christian Science
Monitor, September 26, 1947.
"Three fourths of
the nation’s children suffer from undernourishment, a study of
Pennsylvania State College established." Quoted by Associated Press on
December 20, 1950.
The Communists do not
need to tell lies in order to create the picture they desire. All they need
to do is to select from the total picture those things that fit into their
pre-conceived pattern. As Tennyson said:
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"A lie that’s half a
truth is the wickedest lie of all,
For a lie that’s all a lie can be met with and fought outright,
But a lie that is half a truth is a harder matter to fight."
The
Communists are creating a picture of America which is completely
false and are projecting this picture into the minds of the people
of the world. What America does or does not do makes little
difference to this picture. It is easy to say, "Let the facts
speak for themselves." Unfortunately facts have a very soft
voice, and their message is not heard by those who are not in the
immediate environment. The United States-Canadian border is a fact.
The absence of military establishments, the frequency and ease of
two-way transportation are indisputable facts. They have not been
able to contradict for millions of people the constantly reiterated
Communist lie that the United States is viciously imperialistic,
threatening the peace and integrity of all the people of the world.
In the
formation of public opinion, it is not what you do that counts, but
what people believe you do. In the 1950s opinions varied concerning
the wisdom of the action of President Eisenhower in sending troops
into Little Rock, Arkansas. The fact is indisputable that they were
sent to enable black children to attend school. However, competent
observers report that the majority of people in Africa believed that
they were sent in to prevent black children from attending school.
The attitude of these people towards America was formed from their
erroneous beliefs, not from the facts. The Communists spare no
expenses and make
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prodigious efforts to print and distribute
literature giving a completely false picture of life and character in the United
States. The falsity of this picture of America is only surpassed by the picture
they present of alleged universal happiness and contentment under Communism.
The difference between life under
Communist rule and life in America is well illustrated by the fact that whenever
Communism comes to power, in spite of the glory of their promises, the fearful
reality proves the magnitude of their deception and people flee by the millions.
At every Communist border in the world where there is any possibility of escape,
this exodus continues. The United States, on the other hand, is a magnet to her
neighbors. A million people a year risk their lives not trying to get out, but
trying to get in, not to live at the highest standard, but at the lowest
standard. Great numbers cross the Rio Grande River and enter illegally from
Mexico. Conditions in Mexico are certainly very poor, but this alone would not
account for the influx. Conditions in Turkey are far from ideal. Poverty there
is rife also. Yet there is no stream of refugees from Turkey into Russia. These
facts must be told till they are known in every nook and cranny of the earth.
America should mobilize her remarkable skill with the means of communication to
achieve this end. The alternative is to become an island of unease in a
surrounding sea of hatred.
The phenomenon of
brainwashing is one of the manifestations of the true nature of Communism. It is
rebellion against God; it is rebellion against the human mind; it is rebellion
against the purpose, significance and value of the individual. The way to defeat
it is to defeat the program of Communist expansion. When the door closes behind
you in the brainwashing chamber, it will be too late.
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Ronald
Radosh's "Commies"
by Robert Stacy McCain
A visitor to historian Ronald Radosh’s
home in suburban Brookeville would hardly guess that the occupant was once
a Communist Party activist targeted for possible arrest by the FBI.
The two-story brick
home – where a yapping white poodle named Sam scampers across the green
lawn to greet visitors – scarcely seems like the place to find a
dangerous subversive who once plotted to bring Marxist revolution to
America, but Mr. Radosh gladly confesses his former role in the worldwide
communist conspiracy.
"I joined when
everybody else was quitting," says Mr. Radosh, who now laughs at his
youthful exploits as a "full-fledged member" of the Communist
Party U.S.A.
He was raised in a
militant left-wing environment – one of his first baby pictures shows
him being paraded by his parents in the Communist Party’s annual May Day
parade in New York. But Mr. Radosh has long since renounced his early
communism and is now a conservative and avowed anti-communist. |
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He is now
"naming names" in his new book, Commies: A Journey Through
the Old Left, the New Left and the Leftover Left.
And what names he
names: folk musicians Pete Seeger and Mary Travers, convicted Soviet spies
Julius and Ethel Rosenberg, black leader W.E.B. DuBois, journalists Robert
Scheer, James Weinstein and Sidney Blumenthal, historians Herbert Aptheker
and Eric Foner, and Michael Lerner, the radical rabbi who inspired Hillary
Rodham Clinton’s short-lived "politics of meaning."
Small wonder Mr.
Radosh, 63, has been called "the Zelig of the American Left" for
his uncanny knack of being involved with so many major figures and in so
many key events of the past 50 years.
A long-time member of
the Communist Party’s youth group, the Labor Youth League, Mr. Radosh
joined the party in 1956 after the Soviet invasion of Hungary and the
so-called "Khrushchev report" condemning Stalin had caused many
longtime communists to lose faith in the cause.
His FBI file, which
he obtained through the Freedom of Information Act, makes note of his
status as a student communist leader at the Universtiy of Wisconsin and
his 1955 arrest for distributing the Daily Worker – the Communist |
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Party newspaper – outside a
factory gate in Madison, Wis. The FBI identified Mr. Radosh as
someone to be detained "in case of a national security
emergency."
His radical
past is a source of bewilderment to his youngest son, a junior at
the University of Maryland. "He says, ‘I can’t understand
how you ever fell for that communist crap,’" Mr. Radosh says.
But having
lived so many years in what he describes as a "left-wing
milieu" – he spent childhood summers a Camp Woodland, a
communist-dominated resort for "red-diaper babies" – Mr.
Radosh says it was hard to reject those early influences.
"It’s a
whole world you’re in – it’s like a church," he says.
"You don’t want to leave that. You don’t want people who
used to be your friends to call you ‘traitor,’"
He was first
accused of betraying the communist cause in the mid-1970s, after
traveling to Cuba with a group of fellow leftists. Mr. Radosh wrote
an account of the trip, including a visit to a Cuban mental
institution where the Castro regime had incarcerated homosexuals and
where doctors boasted of having performed lobotomies on many
inmates.
The accusations
were leveled again in 1979, when an investigation of the Rosenberg
case led him to conclude that Julius Rosenberg was guilty of
espionage and that the FBI had prosecuted Ethel Rosenberg in hopes
of getting Julius to confess.
Ironically, Mr.
Radosh had been a defender of the Rosenbergs since childhood. As a
member of the communist-front Youth Committee for the Rosenbergs, he
traveled to Washington and picketed the White House on behalf of the
Soviet spies. He even attended the same communist-dominated school
as the children of the Rosenbergs – New York’s Elizabeth Irwin
High School.
Mr. Radosh’s
story of the Rosenberg case was spiked by the New York Times,
printed in the New Republic and later expanded to a book, "The
Rosenberg Files," co-authored by Joyce Milton.
The revelations
prompted charges of betrayal. "Even if it’s true," one
friend told Mr. Radosh, "you shouldn’t say this, because you’re
helping the other side," Other friends told him, "The
facts are irrelevant. We need the Rosenbergs as heroes."
It was not
until the 1980s, however, that Mr. Radosh finally broke with his
communist past after a visit to Nicaragua convinced him that the
Soviet - backed Sandinistas – contrary to the claims of their
liberal defenders – were setting up a repressive dictatorship.
"You could
see the Sandinistas were out there trying to do to Nicaragua what
Castro had done to Cuba," Mr. Radosh says of the regime, which
was defeated in a 1990 election he says was forced by the
U.S.-backed "Contra" rebels. "If there
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had been no Contras, clearly the Sandinistas
would never have agreed to an internationally monitored election."
If his revelations about
the Rosenbergs, Castro’s Cuba and the Sandinistas were not enough to make him
an enemy of his former left-wing friends, Mr. Radosh is preparing to assault one
of the left’s most cherished myths, the Spanish Civil War.
In "Spain
Betrayed," Mr. Radosh and co-editor Mary R. Habeck collect dozens of newly
discovered documents from Russian archives revealing the role played by the
Soviet Union in the war that was a major left-wing cause in the 1930s.
The documents in
"Spain Betrayed" – to be published in July on the 65th anniversary
of the outbreak of the Spanish Civil War – show that Moscow swindled the
Spanish Republic out of millions of dollars and that Soviet dictator Josef
Stalin aimed to turn Spain into a Soviet satellite state.
"All hell’s going to
break loose" when the new book is published, Mr. Radosh predicts.
"These documents are mind-boggling. People are going to be stunned."
Like so many other stories
in his life, Mr. Radosh’s revelations about the Spanish Civil War are touched
by irony. His uncle, Irving Keith, was killed fighting in Spain with the
communist-backed Abraham Lincoln Brigade, and Mr. Radosh writes that he
"grew up addicted to the romance" of the "authentic American
heroes" who fought for the communist cause in Spain.
His career as a historian
– he retired from New York’s City University system in 1992 – was
something of an accident. "My ambition was to be a folk singer," says
Mr. Radosh, who as a child took banjo lessons from Pete Seeger. "He was my
hero."
But Mr. Radosh’s hero was
a communist who, after the Soviet Union and Nazi Germany signed a non-aggression
treaty, issued an album of pacifist songs condemning President Franklin Delano
Roosevelt as a warmonger. Shortly after the album was released, however, Germany
invaded Russia and - being loyal to the Communist Party line - Mr. Seeger
recalled the album and destroyed all but a handful of copies, issuing a new
record with pro-war songs.
Mr. Radosh still
occasionally plays his banjo and sings (with irony) the old left wing anthem,
"Which Side Are You On?"
Observing the antics of the
current left—such as the violent demonstrations against free trade in Seattle
in 1999—Mr. Radosh knows which side he’s on.
"These people are
parodies of a once-serious social movement," he says.
"Anarchists...they’re really nihilists. They don’t believe in anything.
They just want to smash and destroy."
The Washington Times,
June 26, 2001, p. A14
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Fidel Castro and Communist Cuba
by Oliver North
"I don’t think many people
perceive Castro as a threat to the United States" (June 8, 2001).
That was the
assessment of defense attorney Al Krieger, who once represented mob boss
Jon Gotti, after a Miami jury convicted five Cuban agents of spying for
Fidel Castro. Thankfully, the jurors disagreed with Krieger and handed
down sweeping guilty verdicts.
Unfortunately,
official Washington thinks Krieger is right. They see the aging tin-horn
who rules Cuba as a harmless old coot. Those who believe that had better
think again. Fidel has found a new benefactor.
Last week, four days
after the verdict in the Cuban spy case, with President Bush traveling in
Europe, the East Asia/Pacific Subcommittee of the House International
Relations Committee held a quiet hearing on the wisdom of reviewing
Permanent Normal Trade Relations (PNTR) for the People’s Republic of
China. James Kelly, assistant secretary of state for Asian affairs, was
doing his best to support the administration’s position that reviewing
PNTR is a wise thing to do, when my colleague from the Reagan White House,
Rep. Dana Rohrabacher (R.-Calif.) came out of his chair.
Brandishing an
article by Bill Gertz of the Washington Times charging Beijing with
shipping arms and explosives to Cuba, Rohrabacher asked what the State
Department thought of these transfers. "We are very much concerned
with this PLA [People’s Liberation Army] cooperation and movement of
military equipment in Cuba," Kelly politely replied.
But later in the day,
the State Department released a statement that China would not be subject
to sanctions for shipping arms to a nation listed as a state sponsor of
terrorism because there "has not been a determination that China has
transferred lethal military equipment to Cuba."
"What do they
[the State Department] need?" asked Rep. Ileana Ros-Lehtinen (R.-Fla.),
who also serves on the International Relations Committee, when I called
her that afternoon. "This isn’t something new," she added.
"The People’s Republic of China [PRC] and the Castro regime have
been getting closer for years. The Communist Chinese already have two
electronic eavesdropping stations in Cuba. Their espionage site at Beijing
allows them to monitor U.S. personal, commercial and political
communications. PRC intelligence sites in Cuba allow them to listen to
almost everything on the U.S. East Coast."
Then Ros-Lehtinen
added a haunting thought to the equation. "There are substantiated
reports listing Cuba as a country with a biological weapons program,"
she told me.
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"What if the PRC’s weapons will
enable the Castro regime to launch offensive biological weapons at the
U.S.?"
Unfortunately, both
Rohrabacher and Ros-Lehtinen appear destined to be ignored by a Washington
power structure intent on renewing PNTR for the Communist Chinese.
Republicans, still smarting from the Senate’s power shift, are loathe to
criticize the White House. Democrats, many of whom support Ted Kennedy’s
call for "normalization" of relations with Cuba, don’t want to
rock the boat. And no one on either side of the political spectrum wants
to find fault with Colin Powell’s State Department.
Rep. Porter Goss (R.-Fla),
chairman of the House Permanent Select Committee on Intelligence, told me,
"We shouldn’t be surprised that the PRC is making mischief with
rogue nations. There is a pattern of behavior here." Then he added an
ominous footnote: "Recall what happened when the government of India
discovered that the PRC was helping Pakistan develop nuclear weapons. They
went and demonstrated their own."
Goss wouldn’t
speculate on what military hardware the Communist Chinese delivered to
Havana, so I called a senior intelligence officer and asked, "Why do
you think the PRC would be making shipments of military explosives and ‘det-cord’
to Cuba?" His reply: "The bigger question is, ‘What else has
Beijing shipped, and why?’"
I asked Rohrabacher
that question. "Beijing is looking for leverage–just like the
Soviets did back in the ’60s. First, it’s small arms, then it’s
anti-aircraft weapons, and they’ll keep pushing until we have to give up
something in return. And of course, what they will want us to give up is
our commitment to protect Taiwan," he said.
Rohrabacher may be
right. We now know, decades later, that part of the secret deal President
John F. Kennedy struck with Krushchev was to remove short-range tactical
nuclear weapons from Turkey in exchange for the Soviets removing their
missiles from Cuba. Would Beijing be willing to "leverage" Cuba
for a free hand with Taiwan?
The pro-PRC lobby in
Washington argues that the stakes today are too high for Beijing to try
this kind of brinkmanship. Yet Red China’s actions for the past five
years indicate they are willing to risk a rupture with the United States:
espionage, illegal political contributions, military assistance to Iraq
and Libya, its own military build-up, overt threats that "Los Angeles
is within range" of their ICBM’s, the EP-3 incident, and now Cuba.
Most people in
Washington believe trade with the United States is more important to the
rulers in Beijing than anything else. But some, like Rohrabacher and
Ros-Lehtinen know that’s self-deception. And they want the rest of their
colleagues to wake up before it’s too late.
—Human Events,
June 25, 2001, p. 15
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continued
from page 2
dominant class always wields the power of the state. Lenin
declares, "The State is an organ of class domination, an organ of
oppression of one class by another; its aim is the creation of ‘order’
which legalises and perpetuates this oppression by moderating the
collisions between the classes." According to this view, the
state must be done away with—and it will be done away with, in the final
stage of Marxism, which is communism. This concept has been presented in
the article on Marxist politics; what is important to understand here is
that the Marxist sees law, like the state, as inextricably tied to
economic structures that encourage class conflict.
Whence comes this
conflict? According to Marxism, class conflict is basically caused by
private property. Thus, law and the state arose at the precise point in
time when society and the economic structure gave rise to the concept of
property. Jawitsch says, "The basis of law is actual possession of a
thing, of property, and social relations in connection with that.
. . ." Elsewhere he writes, "Law emerges as a
special variety of social consolidation of the prevailing mode of
production and is therefore linked from the very start with actual
property relations. . . ."
Founding law on a
specific theory about economics and property relations has powerful
ramifications for the Marxist, as Jawitsch admits: "Legal reality
constitutes one of the forms of social consciousness conditioned by social
being, a legal superstructure on the economic basis; it therefore has only
relative independence and cannot be understood by itself
alone." Rather, law must be studied with its "class
nature," which is caused by unjust property relations, in mind. Law,
for the Marxist, cannot be understood fully apart from its origin in an
economy marked by class distinctions.
Law as the Will of the Ruling Class
As stated above, the Marxist believes laws are
reflections of the desires of the class wielding state power. This belief
stems from the Marxist assumption that the dominant class always gains
control of the state, which is responsible for framing laws and enforcing
them.
Thus, Andrei Y.
Vyshinsky writes, "Marxism-Leninism gives a clear definition (the
only scientific definition) of the essence of law. It teaches that legal
relationships (and, consequently, law itself) are rooted in the material
conditions of life, and that law is merely the will of the dominant class,
elevated into a statute." And Jawitsch echoes him today:
"Laws and statutes most clearly express the will of the ruling
classes." The reason for this is simple: "In the law the
dominant will, which has been made into a law for all, is manifested in
generally acceptable, binding norms of a general character, upheld by the
state, and relations in the appropriate conditions."
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Today,
according to the Marxist, there are only two basic classes that can be in
control of the government and creating laws: the bourgeoisie and the
proletariat. Selsam declares that "inasmuch as there are no moral
principles standing over and above the needs and desires of men, and since
these needs and desires are generally torn asunder by the actual
conditions of the class divisions of society, there are only two genuine
positions upon which moral judgments can be based. These are the positions
or standpoints, the needs and interests, of the bourgeoisie and of the
proletariat." Naturally, the Marxist believes that all
societies that allow the bourgeoisie to make moral decisions and formulate
laws are unjust.
Bourgeois Law and the Proletariat
Marx clearly denounces bourgeois law as nothing
more than a reflection of the desires of that class. In the Communist
Manifesto, he tells the bourgeois: "your jurisprudence is but the
will of your class made into a law for all, a will, whose essential
character and direction are determined by the economic conditions of
existence of your class." This law, according to the Marxist,
invariably discriminates against the propertyless working class. The
Fundamentals of Marxist-Leninist Philosophy declares, "Law is the
will of the ruling class, say Marx and Engels, embodied in legal acts.
Therefore, like the state, law has a class character and in class-divided
society is an instrument in the hands of the ruling class for holding down
the working people."
The main reason for
the oppressive nature of bourgeois law, of course, is that it is based on
the concept of private property. Selsam says, "capitalist ethics is
based on private property, as is the law in which that ethics is
enacted." This basis causes the law to promote unequal rights.
Cornforth writes, "The law protects the right of the owner of means
of production to buy labour power and direct its employment, of the worker
to sell labour power, and of each to organise to get the best terms he can
in the bargain. That is the protection of unequal rights.
. . ." In truth, there can never be equal rights in a
capitalistic society, according to the Marxist, since the very nature of
the system creates haves and have-nots. Cornforth sums up, "There
cannot be equality between exploiters and exploited.
. . ."
Bourgeois law
contains another inherent flaw. According to Marxism, laws promoting
unequal rights breed protest in the form of lawlessness. Says Engels,
"The contempt for the existing social order is most conspicuous in
its extreme form—that of offences against the law." He is
echoed by Jawitsch, who declares, "A social system that is based on
social inequality and injustice, on the exploitation of man by man, and on
the contradictions between social and personal interests, is thus the main
source of anti-social excesses, and breeds crimes that are breaches of
society’s conditions of existence."
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