Mode of Production - the way in which goods are produced and exchanged (e.g., capitalism, mercantilism).

Forces of Production - a productive force (tool, skill, resource) is some capacity that contributes directly to production. The forces of production are the basis of all social organization. The forces of production determine the social relations of production.

Social Relations of Production - the manner in which the forces of production are distributed and controlled.

Production creates issues of ownership and control, the way in which the issues are resolved gives rise to class structure.

1st Basic Idea of Marx's Model:

The forces of production of a given type will give rise to characteristic class structures.

A place is defined not by its political boundaries, but by its mode of production.

Investigating the Industrial Revolution, we find three features of developments: 1) the revolution in productive forces, (2) the revolution in relations of production, and (3) a revolution in law. Following the logic of the base-superstructure model, we see that the 3rd revolution was a response to the other two.

Trade lead to the advent of guilds to protect the interests of the merchant class. The guilds made it almost impossible for outsiders to legally sell their product.

By the 1660's, the guild system began to be undermined by an expansion of trade and commerce. Thus, guilds gave way to a new form of production based on a division of labor. Now, making pins was broken down into separate operation where each individual laborer (detail worker) performed a single operation [*Revolution in the forces of production].

(i.e., Division of labor = more production = revolution in the forces of production.)

So, the factory system drove prices down and abolished the guild system.

Also, competition made the prices fall for the price of goods, now everyone can buy things they could not buy in the past. [*Revolution in the social relations of production (capitalism)]

To stay in business, the capitalist must become more efficient. This necessitates exploitation, longer working days--even more innovation was needed. Technology was very important.

A shift from feudal to capitalistic forces of production caused a corresponding shift in the social relations of productions. 

As detailed workers (unskilled), they own neither tools nor machines of production--the capitalist supplies everything. The capitalist also organizes production, determines output, and sets prices.

Detail workers sell their labor power. Labor power has the unique capacity to produce more value than its own value. Labor power is sold to the capitalist in return for a wage. Labor power is also a commodity, and its value is equal to the average amount of labor-time necessary to produce it. The value of labor-power = labor-time that on the average goes into producing the goods necessary to maintain a functioning worker at the prevailing standard of living. Producing labor-power means maintaining a functioning worker.

If a worker's production is equivalent to the worker's wages (production = wage), there would be no profit (surplus value) for the capitalist.

Necessary labor is the labor-time the worker works to produce a value = to his wage. The labor-time a worker sells beyond this point is surplus-labor, and the capitalist's source of profit. So, profit equals the extraction of unpaid labor (surplus-labor) from the worker.

This type of exploitation is the key to understanding the features of capitalist's law.

In capitalism, exploitation is hidden for view from both worker and capitalist. The compulsion of economic relations finalizes the capitalistic rule over the worker.

The length of the normal working day becomes the object of negotiation from worker/seller and employer as buyer of labor-power.

Economic basis of capitalist law: Capitalists and workers make wage agreements in a free-market. Labor must be free to move to another job for a higher wage. The employer must be free to hire/fire as the market demands.

Exploitation remains structurally hidden in capitalism for capitalist exploitation to succeed, it is therefore essential to have workers who are legally free and equal to the capitalist.

A person can offer his labor-power as a commodity only if he is the unimpeded owner of his labor-power.

The owner of money and the worker meet in the market-place and deal with each other on the basis of equal rights. The only difference is that one is the buyer and the other is the seller--they are both equal in the eyes of the law. This hides the fact that there is no equality. Exploitation is hidden from both capitalists and workers.

The worker transforms himself from a free man into a slave; from and owner of a commodity (i.e., labor-power) into a commodity.

Individual equality is a necessary precondition for the operation of a capitalist mode of production based on the extraction of surplus labor through wage contracts.

Capitalism needs legal equality for the stabilization that left with feudalism. Now, the only bond between men is money. A heavy emphasis is placed on the legal conceptions of responsible actors.

« LEGAL EQUALITY IN A CAPITALIST SYSTEM REPRODUCES ECONOMIC INEQUALITY

The rich and poor alike are forbidden from begging, sleeping in the streets, or stealing. But, in general, the rich do not engage in such behavior.

Marx argues that there is no separation between law and capitalism. The form and content of law (created from the social relations of production) in a capitalist society are one and the same. All law would be repressive. The law would represent capitalism which exploits and oppresses.

The form of law involves 2 essential relations:

1)the individual being the bearer of right
2) the reification of private property.

Yet, law is perceived as being fair and just.

The civil rights revolution is one legal consequence of the shift from a feudal to a capitalistic economic system. Equality in the law is a by-product of the capitalist mode of production.

Legal equality was a norm that arose from the unique character of economic exchange under capitalism and was necessary for the maintenance of capitalist economic relations. 

For capitalism to work, all must have faith in the system. If people undermine the confidence of the system (i.e., Keating, Milken), the law will focus on them. However, if the capitalist does not undermine the system, they are free to operate--even if the behavior is bad.

Instrumental Marxism: law is the instrument of the elite to benefit them.

Structural Marxism: law has a certain autonomy to it, it is not the instrument of any one group; however, the capitalist class is benefited by its existence. The legal form, formal rationality, then, attains a "relative autonomy." The state is seen as a structure to which capitalists themselves are obliged to subordinate their wills but which nevertheless functions to secure their class interests.]

Major contribution: the mode of production determines the content of law and will affect social institutions (includes law & content).

Rule of Law: no one is above the law.

We must have legal equality in order for capitalism to work.

The mode of production fuels classism and racism

MODE OF PRODUCTION DETERMINES THE FUNCTION/CONTENT OF LAW