ABSTRACT

T o understand the M arxist attitude towards Law , we must start by distinguishing between Society and State after the manner inherited from Hegel and the classical liberal theorists. “ Bourgeois society 55 (to use the definition o f M arx and Hegel) is the entity o f those social relations which men enter uncon­ sciously and in the delusion that they are acting on their own free individual decisions, though the latter are objectively determined by the laws o f political economy. State, on the other hand, implies compulsion exercised consciously for the sake o f enforcing certain rules. O f these two fundamental fields o f human life, Hegel insists that the State is “ the realisa­ tion o f m o ra lity55 and, indeed, the supreme aim o f human civilisation, in strongest contrast to the liberal cheorists, for whom the State is at best a necessary evil, or rather an unreason­ able police force interfering with the normal interplay o f the laws o f free competition. But both o f them agree in assuming that there is a fundamental distinction between Society and State. In this, M arx was at one with them, but he rejected their belief that the relations between these two fields were, for good or for evil respectively, dominated by the interference o f the State in Society.