Comparison Of Marxist Theory And The Safe Streets Act

“In theory, we are all equal before the law. In practice, there are overwhelming privileges that people possess.” This quotation was said by Arianna Huffington, an American lawyer and associate justice on the Supreme Court of the United States. In this quotation, Huffington recognizes that the law has flaws and must be altered in order to achieve equality. There are many groups in society who are not adequately represented by the law. This paper will discuss how the official version of law does not appear in practice. Additionally, the essay will use Marxist theory and the Safe Streets Act to show how law is a form of power. This will be followed by a discussion regarding the shift in the rights of members of the LGBTQ community. Finally,
The official version of law states that law in theory appears to be an impartial, objective and equal system of resolving conflict. The law itself is viewed in a positive light because it is premised on principles such as democracy and the rule of law. The law makes society believe that legal decisions are based solely on facts and rules. This means that law is depicted as separate from external values and corruption. For example, the statute of Lady Justice is a visual depiction of how law represents objectivity, regardless of wealth, power or identity. Every courtroom has a Lady Justice or a similar figure, which reminds citizens of the positive power of the law. Lady Justice’s scale is a symbol of equally, her blindfold illustrates that justice is blind, and her sword represents law as a form of protection. However, in practice law does not fulfill the objectivity standards that it
Marx determined that exploitation was an inherit part of the capitalist system, because of the class division between the bourgeoisie and the proletariat. Marx defined the bourgeoisie as those who, “own and control the businesses, factories, land and capital.” Additionally, the proletariat were the individuals who sold their labour to the wealthy. Due to the structural division between the rich and the poor, Marx believed there was a difference between law as it appears and law, as it is. Therefore, Marx concluded that law serves the interests of those in power because it furthers the economic domination of the bourgeoisie. Specifically, Marx states that, “it is a form of concealed domination over the worker.” This means that law aids in maintaining the concealment of the inequality that exists in society. In today’s society there is a class divide between the wealthiest one percent of the population and the poorer ninety-nine percent. Therefore, Marx believes this economic division is a result of the law reflecting the interests of the dominant class, rather than the general interests of