Hugh Collins (1)

A rare pleasure - that is, to have a general opponent of Marxism in a certain field deal with Marxist views and analysis in such a clear and fair manner. In this case it is Hugh Collins, Fellow of Brasenose College (not particularly known for its radical tendencies) at the time and now a specialist in contract law at the London School of Economics who analyses the possibilities for a Marxist theory of bourgeois law, and he does so with skill and subtlety.

Collins compares various possibilities for a coherent and effective Marxist theory of law, drawing on historical materialism, alienation, class instrumentalism and various other general Marxist 'tools'. This allows him to approach the subject in a manner that becomes increasingly complex and in-depth, as in forming a general theory from these building blocks he is capable of assessing the internal consistency each step of the way. In so doing he rejects the simplistic views of G.A. Cohen and Evgeny Pashukanis, as well as criticizing Lenin and Engels (the latter wrongly attributed) for relying too much on class struggle alone as the determinant factor.

Collins in the end arrives at a comprehensive view that seems to be along the lines of Engels' actual conception of the relation between the legal superstructure and the economic basis, as seen in his letter to Conrad Schmidt (Oct. 27, 1890). Since Collins is surprisingly competent at assessing the value and use of various Marxist terms and tools, he can use the theory of relative autonomy to launch some serious criticisms at the application of Marxism to law in general, which I do not find compelling enough to change my mind but which are certainly worth examining for any radical interested in legal philosophy. It is rare enough to have opponents of Marxist theory make coherent and to-the-point counterarguments, so this deserves a wider reading, to which the reprint should hopefully contribute. It is also helpful for non-specialists that the writing is clear and concise in the best English traditions, and the book is less than 150 pages of actual text.… (més)