🌍Lawyers’ Socialism by kausky

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Lawyers’ Socialism

(excerpt)

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First published: Juristen-Sozialismus, "Die Neue Zeit", Heft 2, Jahrgang 1887;
Source: Marx and Engels On Religion, Progress Publishers, 1957;
Transcribed: by Andy Blunden.

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The world outlook of the Middle Ages was substantially theological. The unity of the European world which actually did not exist internally, was established externally, against the common Saracen foe, by Christianity.

The unity of the West-European world, which consisted of a group of nations developing in continual intercourse, was welded in Catholicism. This theological welding was not only in ideas, it existed in reality, not only in the Pope, its monarchistic centre, but above all in the feudally and hierarchically organized Church, which, owning about a third of the land in every country, occupied a position of tremendous power in the feudal organization. The Church with its feudal landownership was the real link between the different countries; the feudal organization of the Church gave a religious consecration to the secular feudal state system. Besides, the clergy was the only educated class. It was therefore natural that Church dogma was the starting-point and basis of all thought. Jurisprudence, natural science, philosophy, everything was dealt with according to, whether its content agreed or disagreed with the doctrines of the Church.

But in the womb of feudalism the power of the bourgeoisie was developing. A new class appeared in opposition to the big landowners. The city burghers were first and foremost and exclusively producers of and traders in commodities, while the feudal mode of production was based substantially on self-consumption of the product within a limited circle, partly by the producers and partly by the feudal lord. The Catholic world outlook, fashioned on the pattern of feudalism, was no longer adequate for this new class and its conditions of production and exchange. Nevertheless, this new class remained for a long time a captive in the bonds of almighty theology. From the thirteenth to the seventeenth century all the reformations and the struggles carried out under religious slogans that were connected with them were, on the theoretical side, nothing but repeated attempts of the burghers and plebeians in the towns and the peasants who had become rebellious by contact with both the latter to adapt the old theological world outlook to the changed economic conditions and the condition of life of the new class. But that could not be done. The flag of religion waved for the last time in England in the seventeenth century, and hardly fifty years later appeared undisguised in France the new world outlook which was to become the classical outlook of bourgeoisie, the juristic world outlook.

It was a secularization of the theological outlook. Human right took the place of dogma, of divine right, the state took the place of the church. The economic and social conditions, which had formerly been imagined to have been created by the Church and dogma because they were sanctioned by the Church, were now considered as founded on right and created by the state. Because commodity exchange on a social scale and in its full development, particularly through advance and credit, produces complicated mutual contract relations and therefore demands generally applicable rules that can be given only by the community — state-determined standards of right — it was imagined that these standards of right arose not from the economic facts but from formal establishment by the state. And because competition, the basic form of trade of free commodity producers, is the greatest equalizer, equality before the law became the main battle-cry of the bourgeoisie. The fact that this newly aspiring class’s struggle against the feudal lords and the absolute monarchy then protecting them, like every class struggle, had to be a political struggle, a struggle for the mastery of the state, and had to be fought on juridical demands contributed to strengthen the juristic outlook.