In our century, legislating has become an epidemic; and reason enthroned in legal ideology has been dethroned by parliaments. In these the antitheses of class interests have taken on the form of parties; and the parties struggle for or against definite laws; and all law appears as a simple fact, or as a thing which it is useful or not useful to do.
The proletariat has arisen; and wherever the struggle of the laborers has taken definite form, the bourgeois codes have been convicted of falsehood. Written judgment has shown itself powerless to save the wage-workers from the oscillations of the market, to guarantee women and children against the oppressive hours of the factories, or to find an expedient to solve the problem of forced idleness. The partial limitation of the hours of labor has, itself alone, been the subject and the occasion of a gigantic struggle. The small and the large bourgeoisie, agrarians and manufacturers, advocates of the poor and defenders of accumulated wealth, monarchists and democrats, socialists and reactionaries, have bitterly contended over extracting profit from the action of the public authorities and over exploiting the contingencies of politics and parliamentary intrigue, to find the guaranty and the defense of certain definite interests in the interpretation of existing law, or in the creation of a new law. This new legislation has more than once been revised, and the strangest oscillations may be observed in it; extending from the humanitarianism which defends the poor and even animals, to the promulgation of martial law. Justice has been stripped of its mask and has become merely a profane thing.
The consciousness of experience has come to us and has given us a formula as precise as it is modest; every rule of law has been and is the customary, authoritative, or judicial defense of a definite interest; the reduction of law to economics is then almost immediately accomplished.
If the materialistic conception finally came to furnish to these tendencies an explicit and systematic view, it is because its orientation has been determined by the visual angle of the proletariat. This last is the necessary product and the indispensable condition of a society in which all the persons are, from an abstract point of view, equal before the law, but where the material conditions of development and the liberties of each are unequal. The proletarians are the forces through which the accumulated means of production reproduce themselves and reconstitute themselves into new wealth; but they themselves live only by enrolling themselves under the authority of capital; and from one day to the next they find themselves out of work, impoverished and exiles. They are the army of social labor, but their chiefs are their masters. They are the negation of justice in the empire of law, that is to say, that they are the irrational element in the pretended domain of reason.
History then has not been a processus for arriving at the empire of reason in law; it has thus far been nothing else than a series of changes in the form of subjection and servitude. History then consists entirely in the struggle of interests, and law is but the authoritative expression of the interests which have triumphed.
These formulæ indeed do not permit us to explain, by the immediate examination of the various interests which are at its base, every particular law which has appeared in history. The facts of history are very complicated; but these general formulæ suffice to indicate the style and the method of research which has been substituted for legal ideology.
IX.
Here I must give certain formulæ.
Granted the conditions of the development of labor and the instruments appropriated to it, the economic structure of society, that is to say, the form of production of the immediate means of life, determines, on an artificial field, in the first place and directly, all the rest of the practical activity of those associated, and the variation of this activity in the processus which we call history, that is to say:—the formation, the frictions, the struggles and the erosions of the classes;—the corresponding regulations relative to law and morality;—and the reasons and modes of subordination and subjection of men toward men and the corresponding exercise of dominion and authority, in fine, that which gives birth to the State and that which constitutes it. It determines, in the second place, the tendency and in great part, in an indirect fashion, the objects of imagination and of thought in the production of art, religion and science.
The products of the first and of the second stage, in consequence of the interests which they create, the habits which they engender, the persons whom they group and whose spirit and inclinations they specify, tend to fix themselves and isolate themselves as independent entities; and thence comes that empirical view, according to which different independent factors, having an efficacy and a rhythmic movement of their own, contribute to form the historic processus and the social configurations which successively result from it. It is the social classes, in so far as they consist in differentiations of interests, which unfold in definite ways and in forms of opposition (—whence come the friction, the movement, the process and the progress—), which have been the factors—if it was ever necessary to employ this expression:—the real, proper and positive factors of history, from the disappearance of primitive communism until to-day.