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Complexity and Contradiction in the Legal Order: Balbus and the Challenge of Critical Social Thought About Law

The Dialectics of Legal Repression: Black Rebels before the American Criminal Courts

Published online by Cambridge University Press:  01 January 1977

David M. Trubek
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Abstract

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We reach, then, not a simple conclusion (law = class power) but a complex and contradictory one. On the one hand, it is true that the law did mediate class relations to the advantage of the rulers; not only is this so, but … the law became a superb instrument by which these rulers were able to impose new definitions of property to their even greater advantage. … On the other hand, the law mediated these class relations through legal forms, which imposed, again and again, inhibitions upon the actions of the rulers. [Thompson, 1975:264]

As always in social life, the heart of the mystery lies in the relationship between the struggle for power and the beliefs people hold about what is good for them and what they are capable of achieving. That relationship is the cave into which we must follow the enigma. [Unger, 1976b:242]

Type
Research Article
Information
Law & Society Review , Volume 11 , Issue 3 , Winter 1977 , pp. 529 - 569
Copyright
Copyright © 1977 The Law and Society Association

Footnotes

I wish to thank Marc Galanter for his invitation to attempt this review, and both him and Richard Abel for their patience and encouragement during its long gestation period. Piers Beirne, Charles Grau, Willard Hurst, Duncan Kennedy, Stewart Macaulay, and Louise Trubek provided helpful comments on earlier drafts. I am indebted to Mark Tushnet for drawing my attention to the study by E. P. Thompson (1975) quoted at the beginning of the essay: this statement, and the passage from which it is drawn, were extremely suggestive for the formulation of ideas presented here. I also profited from a recent opportunity to discuss the study and the theory of law with Isaac Balbus.

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