Explain the differences between instrumental (orthodox Marxism) Marxist and structural Marxist views on the criminal law

What will be an ideal response?


Answer:
• Instrumental Marxists assume that the law and the criminal justice system are always instruments to be used by the capitalist class.
o Posits a direct relationship between the interests of the ruling class (profit, power, and prestige and functioning of social institutions such as criminal justice system
o e.g. vagrant individuals arrested and treated as a criminal for not working during the ancient times. Opportunity for elite to force cheap labor and oppress
• Structural Marxists grant that the government has some autonomy, and that the dominant class may be diverse and divided.
o Differs from the instrumental approach by acknowledging an indirect relationship between ruling-class interests and the way social institutions operate
o Acquisition of some political power by the working class over time has forced the ruling class to share some resources
o e.g. creation of minimum wage, worker compensation, health insurance

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