A sociologia do direito segundo Marx

Abstract

This article aims to discuss Marx's conceptions of law, probing the hypothesis of the existence of sufficient theoretical support in this author to consider the existence of a Marxian sociology of law. The discussion is justified because analysts of various theoretical affiliations, such as Weber, Luhmann and Habermas, for different reasons, accuse Marx's sociology of neglecting the role of law, and particularly the role of positive law, in structuring social action as well as maintaining order in complex societies. On the contrary, we claim that there is a sociology of law in Marx, and we intend to demonstrate the internal coherence of the postulates and the logic of the author's thinking about legal relations and their meaning in class segmented societies. The Marx's reference works for our discussion will be Critics of Hegel's Philosophy of Right and The German Ideology.