Past Exam Papers

Jurisprudence and Legal Theory - Marxism

Udara Soysa, Attorney-at-Law, BA(Hons), LLB(Hons), PGDHR, MPA(Colombo)
Tel: 077-3235418/E-mail: udara2004@gmail.com
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2022 Zone B
Question 3
Critically evaluate the power of Marx, Marxism and Marxist legal theory today in light of
the Set Case
General remarks
This question sought engagement between Marx, Marxism and Marxist legal theory and the Set
Case. As the Set Case concerns an arms fair, it is expected that students demonstrate how the
arms trade, global capital and global inequality may interact and intersect and how Marxist
theory may be a powerful tool of analysis in examining these issues.
Law cases, reports and other references the examiners would expect you to use
The relevant Study Guide chapter and materials mentioned within it.
Common errors
Answers remaining at a general level, setting out Marxist theory with brief mention of the Set
Case.
A good answer to this question would…
Explore the nature of the issues at the heart of the Set Case together with strong analysis of
Marx’s theory and Marxist analysis of law in capitalism while connecting these all together in
the student’s own voice.
Poor answers to this question…
Would be inaccurate and or fail to connect the theory with the Set Case.
2022 Zone A
Question 3
‘The Set Case shows that a Marxist analysis of law in capitalism is of no assistance to us.’
Discuss.
General remarks
This question sought analysis of the Set Case explaining whether a Marxist perspective assists in
this. As the Set Case concerns an arms fair, it directly relates to making a great deal of money for
certain companies. The damage created by the product – conflict, bodily injury and death – and
the impact of global inequality, together with protest in a liberal democracy, are all issues that
warranted exploration.
Law cases, reports and other references the examiners would expect you to use
Chapter 11 of the module guide cand materials mentioned within it, together with the Set Case.
Common errors
Answers that were very general, setting out Marxist theory with some mention of the Set Case.
A good answer to this question would… explore the nature of the issues at the heart of the Set
Case; Marx’s theory, Marxist analysis of law in capitalism and connect these in the student’s
own voice.
Poor answers to this question… would be inaccurate and or fail to connect the theory with the
Set Case.
2019 Zone B
Question 8
‘Marx was wrong to set out a future utopia in which there is no law. Any society, even one
with no scarcity of resources, needs law.’ Discuss.
General remarks
This question required students to relate their knowledge of Marx and Marxist analysis of the
law. Contemporary examples of societies and laws could be connected to the question: for
example, debates concerning liberal democracies; so called ‘elites’ and ‘the establishment’;
globalisation; arguments of neo-liberalism; the global financial crisis and austerity programmes;
the majority decision in 2016 for the UK to leave the EU; US politics, particularly after the
election of President Trump, and any number of more specific national examples, which students
could use but always relating them to the theory relevant to the question. As a statement, students
should set out in the introduction which position they take but identify all sides of the arguments:
show why one is more convincing than another, backed with evidence. Focus is on the idealism
within Marx and Marxism. What does the reference to ‘future utopia’ mean? There was evidence
of real engagement with the materials and with ideas, reflection and passion, which was good to
see.
Law cases, reports and other references the examiners would expect you to use
The work of Marx and Engels; all the relevant materials in the module guide.
Common errors
Sometimes, there was a tendency to be too general or broad-brush: providing general accounts of
Marxist theory and Marx’s theory of history, or on world politics and little on the theory, with
scant focus on the question.
A good answer to this question would… be clear and balanced, backed by evidence, with
students setting out the arguments on all sides and clearly explaining the relevant theory driven
by their position. This requires application of the primary and secondary materials.
Poor answers to this question… were too general and written in a style than lacked legal
rigour: stating opinions as facts and failing to substantiate arguments with evidence from
credible sources.
2019 Zone A
Question 12 Critically evaluate the usefulness of the concept of ideology in enabling us to
better understand the connection between law and capitalism.
General Remarks
This question required students to relate their knowledge of Marxist analysis of the law.
Examples could be drawn from current topical events – debates concerning liberal democracies;
so called ‘elites’ and ‘the establishment’; globalisation; arguments of neo-liberalism; the global
financial crisis and austerity programmes; the majority decision in 2016 for the UK to leave the
EU; US politics, particularly after the election of President Trump, and any number of more
specific national examples, which students could use but always relating them to the theory
relevant to the question. These were to be used as a backdrop for the assessment or
reassessments of Marxist analysis of law, and the concept of ideology itself. In comparison to the
majority of this course, which is based on the notion of liberal legal thought, free individual
choice, neutrality and objectivity, this question enables students to address Marx’s idea that this
is false consciousness and to explore the relationship between law and capitalism. On the whole,
these answers were good and many were excellent. There was evidence of real engagement with
the materials and with ideas, reflection and passion.
Law cases, reports and other references the examiners would expect you to use
The work of Marx and Engels; all the relevant materials in Chapter 11 of the module guide;
Pashukanis, Althusser; and E.P. Thompson.
Common errors
Sometimes, there was a tendency to be too general or broad-brush: providing general accounts of
Marxist theory and Marx’s theory of history, or on world politics and little on the theory, with
scant focus on the question.
A good answer to this question would… be clear and balanced, backed by evidence, with
students setting out the arguments on all sides. This requires application of the primary and
secondary materials to the real-life examples, ideology, law and capitalism.
Poor answers to this question… lacked focus. They described certain aspects of Marx’s theory
or Marxist theory but were undeveloped. They stated opinions as facts and failed to substantiate
arguments backed up by evidence from credible sources.

2018 Zone B
Question 12
To what extent can it be argued that there is a renaissance in the influence of Marx globally
at the moment? Provide some examples from current affairs when answering this question.
In what ways does this relate to Marxist analysis of law?
General remarks
This question required students to relate their knowledge of Marxist analysis of the law to
current global events. Examples of such events could include debates concerning liberal
democracies; so called ‘elites’ and ‘the establishment’; globalisation; arguments of neo-
liberalism; the global financial crisis and austerity programmes; the majority decision in 2016 for
the UK to leave the EU; US politics, particularly after the election of President Trump, and any
number of more specific national examples that students could use but always relating them to
the theory relevant to the question. These were to be used as a backdrop for the assessment or
reassessments of Marxist analysis of law, arguing one way or the other that there is or there is
not a revival/renaissance in the influence of Marx globally at present. On the whole, these
answers were strong and many were excellent. There was evidence of real engagement with the
materials and with ideas, reflection and passion.
Law cases, reports and other references the examiners would expect you to use
The work of Marx and Engels; all the relevant materials in Chapter 13 of the module guide;
Pashukanis, Althusser and E.P. Thompson.
Common errors
Sometimes, there was a tendency to be too general or broad-brush: providing general accounts of
Marxist theory and Marx’s theory of history, or on world politics and little on the theory, with
scant focus on the question.
A good answer to this question would… be clear and balanced backed by evidence, with
students setting out the arguments on all sides and clearly explain how world politics in this way
relate to Marxist analysis of law. This requires application of the primary and secondary
materials to real-life examples, clearly connecting the two.
Poor answers to this question… were too general and written in a style than lacked legal
rigour: stating opinions as facts and failing to substantiate arguments with evidence from
credible sources.

2018 Zone A
Question 12
How, if at all, can a Marxist perspective on law accommodate equality of respect and
individual rights?
General remarks
This question required students to relate their knowledge of Marxist analysis of the law to
current global events. Examples of such events could include debates concerning liberal
democracies; so called ‘elites’ and ‘the establishment’; globalisation; arguments of neo-
liberalism; the global financial crisis and austerity programmes; the majority decision in 2016 for
the UK to leave the EU; US politics, particularly after the election of President Trump, and any
number of more specific national examples that students could use but always relating them to
the theory relevant to the question. These were to be used as a backdrop for the assessment or
reassessments of Marxist analysis of law, arguing one way or the other that there is or there is
not a revival/renaissance in the influence of Marx globally at present. On the whole, these
answers were strong and many were excellent. There was evidence of real engagement with the
materials and with ideas, reflection and passion.
Law cases, reports and other references the examiners would expect you to use
The work of Marx and Engels; all the relevant materials in Chapter 13 of the module guide;
Pashukanis, Althusser and E.P. Thompson.
Common errors
Sometimes, there was a tendency to be too general or broad-brush: providing general accounts of
Marxist theory and Marx’s theory of history, or on world politics and little on the theory, with
scant focus on the question.
A good answer to this question would… be clear and balanced backed by evidence, with
students setting out the arguments on all sides and clearly explain how world politics in this way
relate to Marxist analysis of law. This requires application of the primary and secondary
materials to real-life examples, clearly connecting the two.
Poor answers to this question… were too general and written in a style than lacked legal
rigour: stating opinions as facts and failing to substantiate arguments with evidence from
credible sources.