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Unformatted text preview: 2.6.09 Marx : English factory laws- passed in the 19 th century- page 77 in book- How can we account for rights that limit private property ad factory acts being passed that is meant to regulate industry? o Marx says: o 1- acts were outcome of civil war between capitalist and working class o Then: 2- once regulations began to be passed, businesses that were being regulated began to create other kinds of abuses and then more regulations wee passed More abuses- how the capitalist got around regulations- relay system: Stagger the beginning of the work day for children so inspectors could get to know the kids Also that 1 st regulations were passed against large firms ( textile) complained that you cant just regulate some industries- you have to regulate them all- otherwise an unfair advantage is made where the smaller industries could get more produced in larger quantities because they didnt have to follow the regulations o 3- regulations actually seemed to improve the technology that was used in the industries which lead to monopolistic practices- industry was forced to come up with the harmful ways of production and this leads to technology and this increases productivity o Where do you get capitol to invest in machines- small businesses could not afford these technologies Sutton : problems with assumptions o Marx with simplistic views of classes- workers and capitol- but in society at this time- there were multiple classes who were involved with different interests (political, cultural, religion) - the classes were divided into many, not just 2 o Marx each class recognized own interest and understood own interest and it was clear cut- pg 82- Sutton: in reality it was different there were multiple interests- religious, economic, political, etc Workers were not always anteing laws- shorter work days = less money If things become mechanized , less workers, = less money Children could not work as much and did not get as much money to help support the family o Marx: assumed that there was already existing conflict with workers and capitalist and regulations were passed as a solution to conflict and laws were growing strength of working class Sutton: nope: you see with laws- there are new classes being created and new lines are being drawn Revisions made to Marxs Theory: pg 85 o Gramsci: Hegemony- most of us dont follow law because we are coerced but because we consent to law- we submit to authority because we consent to authority- we believe that the law is in our general interest o Structural Marxism: Alhusser- economy is not only influence of superstructure- economy does not have absolute control over law- all institutions in superstructure are autonomous from each other- we might see political, cultural, religious, influences all on the law- the superstructure does not solely protect economic system that we have in place Poulantzas- idea of law and state being autonomous- they can be separated from each other- can be in...
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- Spring '08
- ST. PIERRE