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Paper Topic:

Comapre and Contrast Marx, Durkheim and Weber

Compare and Contrast Marx , Durkheim and Weber

2005

Compare and Contrast Marx , Durkheim and Weber

1 . Compare and contrast Marx , Durkheim and Weber 's analysis of law

The analysis of law provided in the works of Marx , Durkheim and Weber is greatly influenced by the theories of the scientists . According to Marx laws have been designed to serve the interests of capitalism and the ruling class of capitalists . They are able to oppress the working class with the help of the laws which exist in the society . Every single law which

regulates the relations in the society is created in to further increase the gap between the ruling class and the working class Working people get poorer and poorer the more they produce because capitalists take the surplus value which they create . Laws let capitalists obtain the profits which are originated by companies . Even though working people would probably like to change the law and be capable to benefit from the results of their own work , they are not able to do that because they do not have enough power

It is possible to regard Marx 's views on law in 2 ways : from the positivist perspective , according to which law is created in to reflect subjective interests of the capitalist class , and from the objective perspective . As the positivist approach argues , capitalists have their own subjective perceptions of the society and thus the laws are being used in to put their subjective views on the Capitalists have their views on the ways in which they would like to see the world they live in . They do their best to ensure that the laws are adopted to regulate the society according to the most favorable pattern for them . It is also possible to interpret Marx 's views on law from the objective perspective . According to it , law also serves the interests of capitalists but it appears as the result of the objective process Capitalists dominate in the society and therefore the trends in legislation which serve their interests are fully objective . It is understandable that legislation needs to reflect the interests of the ruling class , and therefore this process is fully objective

Max Weber has very different views on law , in comparison with Marx According to Weber , law does not reflect subjective interests of the capitalist class or objective characteristics of capitalist society There is no class which determines the features of the legislation . All of the people in the society are parts of the same machine which functions only when all of the parts are in . As Weber states modern society is what actually determines the law ruling in the society . In the modern society , bureaucracy determines all of the elements of regulation . Modern organizations are all characterized by bureaucracy . It is present on all levels of the organizations

In bureaucratic organizations decisions are made by the management and forwarded to the employees on lower level . All of the people working for such organizations...

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