Building socialism: from ‘scientific’ to ‘active’ Marxism

Abstract

Historical materialism envisages law-like tendencies (‘scientific’ Marxism) promoting the development of productive forces and, concurrently, a political praxis (‘active’ Marxism) requiring human intervention. These positions give rise to conflicting interpretations of Marxism: first to understand society, second to change it – to abolish economic exploitation. The twentieth century witnessed a shift in the locus of the contradictions of capitalism to the economically dependent territories of the imperial powers. Socialist parties, when in power and adopting a Leninist political praxis, furthered modernisation and were successful in reducing economic exploitation. The paper addresses the relationship between the scientific and praxis components of Marxism in contemporary global capitalism. It considers post-Marxist interpretations of the changing class structure, the rise of identity politics and the evolving nature of capital. Forms of domination, oppression and discrimination (bureaucracy, patriarchy, racism, militarism and credentialism) give rise to their own distinctive forms of power relations. It is contended that they should not be equated with Marx’s crucial insight into the nature of economic exploitation. Many current Marxist (and ‘post-Marxist’) writers adopt a ‘scientific’ position emphasising the inherent contradictions of capitalism. The author claims that without appropriate political praxis, the resolution of such contradictions is unlikely to transcend capitalism.     

Applying Moral Foundations Theory to the Explanation of Capital Jurors’ Sentencing Decisions

Abstract

This study applies moral foundations theory to capital juror decision making. We hypothesized that binding moral foundations would predict death qualification and punitive sentencing decisions, whereas individualizing moral foundations would be associated with juror disqualification and a leniency effect. Additionally, we considered whether moral foundations can explain differences in death penalty application between conservatives and liberals. Respondents from two independent samples participated in a mock-juror task in which the circumstances of a hypothetical defendant’s case varied. Results revealed moral foundations were strong predictors of death qualification. The binding and individualizing foundations were related to sentencing decisions in the expected ways. Supporting our contention that moral foundations operate differently across different types of cases, heterogeneity in the effects of moral foundations was observed. Finally, we found support for the hypothesis that the relationship between sentencing decisions and conservatism would be attenuated by moral foundations.     

The End of Wilderness: Conflict and Defeat of Wilderness in the Grand Canyon

In the early 1970s, Grand Canyon National Park intended to designate its land to “Wilderness,” including the controversial Colorado River corridor. However, by the end of the 1970s the potential for Wilderness designation was off the table, and would never seriously return for genuine consideration. Using Schattschneider's model of conflict, we explain how the organization of this conflict privileges the “causal story” of Wilderness opponents, and therefore why the canyon is not designated. It is our contention that members of Congress will not stand forward to support Wilderness designations without simultaneously providing benefits for extractive land use because (1) congressional representatives are more penalized for supporting than opposing Wilderness designations, (2) Wilderness advocacy groups do not pressure congressional delegates as firmly as opposition groups, and (3) key local congressional members are not likely to see Wilderness as a salient issue worth the risk of negative exposure. If these findings hold, the implication is that we may have reached the end of significant Wilderness designations in highly visible areas, unless critical aspects in land use conflict change.     

Criticizing the image of the student as consumer: examining legal trends and administrative responses in the US and UK1

There is widespread concern that higher education is being compromised by being turned into a ‘commodity’ to be ‘consumed’. This article represents an initial attempt to explore the trends in both the UK and US, and considers how the law has responded to them. It argues, however, that there is an important distinction to be drawn between ‘commodification’ and ‘consumerism’. Education has always been a commodity to be bought and sold; the true danger lies in the move to a ‘rights-based’ culture where students (and politicians) see education merely as something to be ‘consumed’ rather than as an activity in which to participate. Whilst the law seems thus far to have been something of a bulwark against this movement, it remains an open question as to whether this will continue to be the case if HEIs do not themselves act more proactively in challenging this damaging view of higher education.     

'Tangential Relation' criterion clears way for infringement of amended patent claim under doctrine of equivalents

Prosecution history estoppel generally bars patent infringementunder the doctrine of equivalents when a claim is narrowed byamendment during examination, but the ‘tangential relation’criterion preserves that doctrine when the claim is narrowedin a manner unrelated to the particular equivalent which, itis alleged, infringes the patent.