Marxian Perspective on Rights

It is understood that Marx neither concentrated on formulation of a theory of state nor of rights. Rights, as claims of individuals to be recognized by the state or the society, need special scrutiny if we have to construct any Marxian position on rights. Unlike the Liberal framework, which is based on individual as the moving force or rational agent, Marxian framework considers individual as part of a class, in a class divided society. Secondly, the distinction of whether individual has worth as a separate, atomistic and self-seeking being or as a social being also informs Marxian framework of rights. Marx treats the state as an instrument of oppression and accordingly, social relations in a capitalist society, as one of domination and ownership. In this situation, how can rights be available equally to all in a capitalist state? Thus, a basic postulate of Marxian position is that so far as right to private property is given primacy, all other forms of rights would be subject to the advancement of this interest.

As such, rights, equality and liberty would be principles suitable to certain classes and not all human beings. Moreover, the content and nature of such principles are subject to change as per the interests of the dominant class. In this context, Emile Burns opines, ‘ideas that seem to be universal—such as the idea of human equality—in fact do not mean the same thing in different stages in society … the “liberty, equality and fraternity” of the great French Revolution meant the liberty of the rising capitalist class to trade freely, the equality of this class with lords, and the fraternity of this class with itself.’⁸⁹

To appreciate Marxian perspective on rights, we should think of the following aspects and their implication on the concept of rights:

• Concept of ‘man’ as a social being and embedded in class relations in a class divided society and not having a priory rights.
• In a condition of false consciousness and alienation, what rights are possible for a class that is subjected to property relations?
• Is equality of rights possible in a class divided society?
• Critique of the state as instrument of exploitation and protector of property rights and not an agency for safeguarding rights of all.
• Rights as legal relations rest in superstructure, which is determined by economic relates.
• Working class is not struggling for rights but for revolution?