SOCI 380 Lecture Notes - Lecture 9: Proletariat, Elective Affinities
26 May 2016
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Balbus says that the way we understand the law is reflective of the material base. In addition, the manner in which the law operates is shaped by the mb. Law will tend to favor capitalism (but not necessarily every individual capitalists) If you start with two unequal people and persons, if we treat them the same way under the law, at the e(cid:374)d of it, they"ll still (cid:271)e u(cid:374)e(cid:395)ual. The idea of equal rights ideologically supports capitalism. Instrumental vs structural = gov owned by capitalists vs gov influenced and reflects interests of capitalism. This form creates a fetishized relationship in which the individuals give them up to the law and think that the law creates us. In fact, we should inherently have protections because we are the ones that create these laws. He says that we fetishize the laws and forget that the law is made by us for us. He puts too much emphasis on the material/economic base.
