Introduction
Human
beings have many dimensions and aspects. He has many rights and duties in the
society. He has some material and social needs. Conflict always arises due to the self
interest. Concept of private property is creating class in the society.
Property rights developed and changed with the passage of time and in given
social economic conditions .Values are changed with the passage of time but
society is not changed as per the changing value of the society. No society is
good or bad but the social and economic conditions and distribution of economic
resources are determined its nature and scope. Our thinking process is not
determining the society but theses social economic conditions decides our
thinking and thought process. Marx was always of the opinion that there should
be equal distribution of economic resources. Ideas always find in the society
but get the force by the movement. Development of intellectual property rights
is strongly advocated by the individualistic thinking. This individualistic
thinking has divided the society into parts. Law is always influenced by
materialistic development. Intellectual property rights are the part of
property rights. Nature of communistic society will be deteriorated the
intellectual property rights. Marx is always advocated centralized and planned
economy. Equal distribution of economic resources is the essence of Marxist thesis
of social evolution.
Marxism
is also the complete philosophy which has given the one direction to the
society Marx has developed a idea of social transformation into socialistic and
communistic society. Marxism is a way of thinking which not only transforms the
world but also developed new thinking method for thought process. Governments
of many countries are governed by this method of thinking. Scientific communism
is an inalienable component of Marxism. It studies the development of revolutionary
forces of communism. Communism is the highest stage of human mankind.[1] Social
Structure of society is determined by the productive forces of the society.[2] Every system is build for the emancipation of
human suffering. Marx has given the philosophy of scientific humanism. Through
this philosophy many government has made many enactments and policies for the
development of human beings. Marxism has become the way of life in the
different countries those who follow the Marxism as way of social evolution.
Marx has contributed his life for the betterment of society. He has studied the
system not for him but for emancipation of human sufferings. Human sufferings
are important component for the research which he has studied in the different
countries. He has closely studied the sufferings of labour and also gives the
strong suggestion for the eradication of labour sufferings. He strongly
advocated the socialization of economic resources. To analysis the Marxism is
beyond researchers’ small intellectual level. This is only the interpretation
which we have learned from the society and small study of Marx.
Marx and Society
Marx
is father of Marxlogy in the world. He has given the new idea for element of
social and economic system. Karl Marx, the eldest son of Heinrich and Henrietta
Marx, was born on May 5, 1818 in the Rhenish city of Trier where his father
practiced law and later rose to become head of the bar. Both his father and
mother came from long lines of Rabbis.[3]
Karl
Marx lived the life of an independent intellectual and political activist.
After his studies, he worked as a journalist before leaving his native Germany
in 1843, initially for Paris. In 1867, the first volume of capital was
published. Marx died alone in 1888 shortly after the death of his daughter and
wife, both named Jenny.[4]
Marx spent the whole of his adult life studying the capitalistic society. His
economic views are set forth in his main work; capital which it took him forty
years to write. The writing of capital was a real scientific exploit, because
Marx had to work in intolerable conditions. He and his family were faced with
constant need, were always badly in arrears with their rent and short of money
to buy the bare essentials. In a letter, which Marx wrote at the close of his
life, he said in order to write his capital he had to sacrifice health
happiness in life and family.[5]
Marxian Analysis of
Society
Marx
applied a new scientific method of analysis in his study of the capitalist
society a method which he worked out together with Engel, and which has to come
to be known as dialectical and historical materialism. It helped to prove that
the development of the human society runs from simpler to higher form, along a
spiral whose every twist leads to a higher stage.[6]
Marxism was the first to transform socialism from Utopia into a science, to lay
a firm foundation for the science, and to indicate the path that must be
followed in further developing and elaborating it in all its parts. It
disclosed the nature of modern capitalist economy by explaining how the hire of
the labourer, the purchase of labour power conceals the enslavement of millions
of property less people by a handful capitalist, the owner of land, factories,
mines and so forth.[7]
Legal system is also developed out of these relationships. It thought us how to
discern beneath the pull of rooted custom, political intrigues abstruse laws,
and intricate doctrine – the class struggle, the struggle between the
propertied classes in all their variety and property less mass.[8]
One of the earliest documents of great importance in development of communism
in general, and of socialist and communist legal theory in particular, was Marx
Communist manifesto about one thousand copies of the original text of which
were printed in London in 1848 when Marx was just under thirty years and Engels
a couple of years younger. At the time few people apart from these two regarded
the document as of any importance. Marx provided the philosophy and the
determination to influence men’s lives and Engels provided both money and more
important some substantial firsthand experience of social and economic
conditions in the industrial Lancashire of the early 1840.[9]
The
final stage of development, according to Marx, is the socialization of society
leading to stage of perfect communism when all capitalists and bourgeois
element have been eliminated. This final stage may come about as result either
of evolution or of revolution, the latter necessitating a positive and probably
violent catalyst which the former does not.[10]
Marx on State
For
Marx, law represents what he calls a super structure which is used in
bourgeoisies’ capitalist system of regulation in order to further the ends of
the economically dominant and exploiting class at the expenses, in term of labour
and production, of the suppressed class – the proletariat. He saw the normative
order of capitalist societies as a cloak for economic domination by a minority
ruling group, and assumed that the concept of state and law were therefore, by
their very nature, tools for maintenance of such exploitation by systematic
coercion.[11]
Men
make their own history, but they do not make it just as they please; they do
not make it under circumstances chosen by them, but under circumstances
directly found, given and transmitted from the past.[12]
Marx
and Engels developed the materialist conception of history to explain the law
of human development. Engels specifically linked the enterprises to Darwinian
theory of Evolution.
The
underlying assumption of the materialistic conception was the role played by
economic factors, which formed the base. Everything else belonged to the
superstructure, which consisted of state the law government are culture and
philosophy. Marx defined five stages of economic development known to history.
These were primitive communism, slavery, feudalism, capitalism and communism.[13]
State
is also superstructure of economic conditions. Nature of state is also
depending on socio-economic conditions of society. In capitalistic society,
nature of government is different from socialistic pattern of society. For Marx
and Engels, the state expressed human alienation. It was an instrument of class
exploitation and class oppression for the economically dominant class exploited
and oppressed the economically weaker class. The state apparatus served the
ruling class, but acquired independence and become autonomous when the
adversary classes were in a state temporary equilibrium.[14]
Marx on Property
Private
Property is main cause of many social problems and cause of litigations in the
society. Law is also derived from the nature of property. Marx is the greatest author, thinker and
philosopher of the world who has revolutionized the whole legal, economic and
political thinking of the world. Law has deep rooted in our thinking. Marx has
divided the whole history in the following stages.
1. Primitive
Stage
2. Feudalistic
Stage
3. Capitalistic
Stage
4. Socialistic
Stage
5. Communistic
Stage
Primitive Stage: Marx
is of opinion that there is the
socialization of economic resources. There was no private property in that
stage. Every person gets according to his needs and capacity. Private
property has always divided the society into many classes. In that stage there
was equality, liberty and justice because there was equality of economic
resources in that society. Every social economic and political system decides
the nature of rights and its scope. Every nature of property is decided by the
social system. Socialization of property is essence of the primitive social
system. Therefore no private property exists in those economic models.
Feudalistic Economic
Stage: is that stage where the dominance of
agriculture economy. In stage there is division of property and therefore two
classes of economic division come into existence one is the slave and second is
landlord. In this stage there is the development of intellectual property
rights. Law related to IPR is developed in the abundance. Because of this
economic stage is influenced by the individual thinking. Law is based on the
social system, because every law is influenced by the social system.
Socialization of economies resources is started shifted to the individuations
of economic resources. If there is equality in the property rights then nothing
is bad to the society. In this society intellectual property rights are
different nature.
Capitalistic Economic Stage: In
capitalism era of capital is prevailed. Everything is regulated by the essence
of capital. In this stage there are
two classes of social struggle one is the capitalistic and labour. In that
economic stage there is development of intellectual property rights. India is
in the same model of the society. According to Karl Marx this is highest stage
of exploitation. Therefore there is the starting point of social revolution in
the society and it will lead to Socialistic society. Intellectual Property
rights are the product of capitalistic society.
Socialistic Economic Stage: Socialism
is the pattern where the government is lead to the socialization of economic
resources. Model of the government and society is shifted to the social.
Humanism has become the method of socialism. Socialism is based on social
justice. Social justice is signature tune of socialism. In this economic stage
there is a state and property right but its nature is social. This stage is
known for the level of human, social, political and economic consciousness.
Communistic Economic Stage: In
that economic stage there is administration of the things. In that stage there
is no state and other institution. This stage is highest stage of human
consciousness. This stage is also considering the most spiritual stage. This
stage is famous for humanism, spiritualism and communism. In this stage there
is no private property. In that Stage private property has social character.
Although man is selfish by nature, to understand the social interest there is
need of highest level of consciousness, but that is not possible in the
society. Human consciousness is adopting the humanistic approach in the
communistic society. Scientific humanism is essence of communistic society. In
communistic society there is denial of private property and stress on socialization
of economic resources. Therefore, there are no intellectual property rights in
communistic economic stage.
Indian
law and Society
Law
is highest representative of truth, honesty and fairness Marx analysis on
property is represented the socialization of economic resources. Social justice
is the signature tune of the Indian constitution as said by the justice V.R.
Krishna Iyer. Justice is the divine, social and political movement. Every
system is made by the conduct and thought process of the society. Justice may
be social political and economic. But main purpose of the justice system is to
provide humanity in the society. Constitutional law is the foundation of any
society. Law is an instrument to provide the social justice in the society.
Many laws are enacted and constructed for the implementation of social justice
in the society. Justice is very close word for every human civilization.
Sometimes demand of the justice is also responsible for the alteration of
government in the respective state. In the world, every movement is motivated
and influenced by the concept of justice. Justice is determined by the social
and economic system. And system is made by the human beings and their conduct
and thinking and thought process. Every movement in the world is revolution by
justice. Injustice is responsible for the social revolution in the society. In
democracy, people always adopted the silent revolution to change the
government. Recent, examples of political upheavals in the Indian political
system is also influenced justice or injustice.
Legislation
on Lokpal and Right to Information is paving the way to informed revolution in
the society. In the present scenario many changes are taken place in the
society. It is very simple matter that if the government makes the distance
with the government, people started to maintained distance with that government
in the election. Indian Constitution is the foundation of Indian democratic
society. If the government fails to implement the constitutional provisions,
people change that government. The state has to impart the justice in the
society. Every government is formed for
the welfare of the citizens. People tested their government is on the basis of
the polices and welfare programmers. Social movement arises due to
constitutional failures and policies which administrated the justice in the
society. Therefore, when government has framed the policies and administration
of justice they must kept in view the grievances of the people and their
expectations from government. If education is spread its horizons in the
society, people automatically became aware about their rights and duties.
Transparency and accountability has become essential for that society. System
and policies are made for the human beings, but theses human being are cannot
kept outside from these policies and programmes.
Justice
and law both are essential for the organized society. Justice must be
implemented in the society from every nook and corner. Justice based government
can never be failed in the political system. If any government retains its
powers again, they have imparted the justice in the society. Government cannot
be irritated the principles of Socialism, Democracy and Republic. Defeat and
success is always decided by the enforceability of justice in the system. Justice and law both are essential for the
society. Development of democracy is also restricted the many wars in the
world. Democracy is deal with the
election process. People are participate through election process and voted
accordingly justice based concept. Justice is ensured the transparency and
accountability in the functioning of the government. If the government fails to
implement justice oriented policies then people thrashed out that government in
the election this is the power of democracy and unique features of democracy.
Two
major developments in the world have change way of politics and legal system
development of United Nation Organization and genesis of the democracy at world
level stage. Democracy has clear cut relationship with justice and liberty and
freedom. Human selfishness is creating problems to the world. Martin King
Luther said that, we guided the missiles but misguide the man. Man has created
the many problems in the world. Conflicts always create the division of
society. Every conflict has some social, economic and political base. Justice
cannot be realized through the wrong politics. Human justice can be realized by
human law not by only Law. Humanitarian value can develop by the society and
its consciousness about the social issues. Man has no necessity to read books
there are many social problems in the society which teach the man if he
sensitive about the social problems .Social sensitiveness is essential for
social growth. Problems cannot be eradicated from the society. Conflict always
there but these conflicts can be abolished by imparting the justice in the
society. Education is not powerful weapons for the social change but also
transformation the society from traditional to progressive one. There is requirement of human jurisprudence
in the society. Progressive Jurisprudence is the demand of the society. Law and justice can be imparted through the
progressive jurisprudence. There must be closed relationship between law and
justice. Justice can be imparted through the progressiveness of law. Law must
have radical and progressive approach.
Robert
Ingersoll once wrote:
"We need free bodies and free
minds, free labour and free thought, chainless hand, fearless brains, free
labour will give us wealth, free thought will give us truth."[15]
Marxism
is based on the scientific socialism. Marx gives the stress on the socialization
of property rights. He always advocated the scientific socialism. Socialism
covers the distribution economic resources equally in the society. Marx is
famous for the Marxlogy. Marxlogy is discussing the relationship productive
forces and their relationship with the society.
Socialization of Intellectual Property Rights
Law
must socialize the economic resources as well as intellectual property rights.
Some medicines are so costly because they are out of range of common man
benefits. There must medical justice in the society. On the other side there is
requirement of agriculture justice in the society but this only possible due to
the socialization of intellectual property rights. Dialectic relations always
in the society but human angle must not miss from the law. There must be socialization of means of
productions in the society.
Indian
constitution is start with word we the People of India but our social system does
not talk about justice. Today Marxian analysis about legal system proves true
with development of new corporate system. There is gap between law planted in
book and establish in society. No society can exist without equality, justice
and liberty. This is conflict of law. Law has problem with society and society
has problem with law. Both have Dialectic Relationship. Economic association
played dynamic role in construction of best economic system. Best economic
system is that which is based on Justice, Equality and Freedom. Success of
capitalism is depends upon private property. Basic fundamental nature of
capitalism is to encourage the private property and bare exploitation of basic
values. Truth replace by fraud, people started sheltered their moral values.
Corruption has become main sources of income and value degraded day by day. But
this is strange for Indian society as well as world society world is go through
conflicts. Modernization is essential for society, but there should mental
modernization which should base on logic and scientific temperament. Law must
have the human face. Humanitarian laws are essence of society. Human justice is essential for the every
society. No doubt intellectual property rights must be there but with human
face. These rights must have the human face. These rights must utilize in the
favor of human beings. Law is the reflection of economic system .In socialistic
pattern of society law has the social angle.
Law
is living science. Social Justice becomes essential element for society.
Society always poses question in front of balanced legal system why legal
system is fail to satisfy need and justice. Law should not be ivory tower.
People afraid from litigation due to heavy financial losses these days. In that
scenario question always raises against democratic justice this is highest
stage of capitalistic based economic system. If the Government fights for
justice, equality, Government has to establish socialistic pattern of economy.
Any law which the government has made must have the social angle. Law must
pursue the human justice in the society. Intellectual justice demands that
there should equal distribution economic resources in the society. Law should
pursue the moral value of the society .There should distribution of economic
resources in the society. For example services relating to medicine education
must remain in the domain of government sector. Law cannot be detached from the
human sufferings and human feelings. Law
is the main agent of the society
to regulate the human affairs.
Sum Up
Intellectual
Property law is an instrument of social change. But there should be the social
nature of intellectual property rights. These rights should serve the society. Justice
is the powerful weapon in the hand of the society through justice all machinery
of government are functioned and performed. Law and society both are in
changing dimensions. Change is law of nature. These changes are influenced by the
socio- economic development. Structural changes in the social economic model
are the cause of changing in the legal system. Law is satellite of social
economic conditions as prevail in the society. Law is the dynamic social
science. Justice oriented approach can be developed through co-relationship of
law and justice. Law can be never higher than social economic conditions. Law
has deep relationship with justice.
Marx says that human consciousness depends on
the social existence but Intellectual Property Rights are the product of
capitalistic society because it is based on the concept of private property and
personal rights and it can be said that intellectual property rights are so
strong in those countries where the capitalistic system has prevailed. In the
capitalistic society there is abundance of Intellectual Property laws but on
the contrary in communistic society deny the monopoly of Intellectual Property
Rights because it is the view of communistic society man’s progress is depended
on the social consciousness. In communism every person gets according to his
need and according to his ability. Marxian philosophy is of the opinion that
our social existence determines the individual character, nature and
activities.
In the present society no country remains in
isolation from the clutches of capitalism. In today’s world W.T.O. played a
dynamic growth of Intellectual Property Rights. Man born in the society and
also he learns each and everything form the society so how he can claim private
rights over the ideas which he has learned from the society. If the
intellectual property rights are lapsed the society in that situation human
rights are more protected and more preserved and prolonged. But in the
communistic way of economy there is equal distribution of economic resources.
Marx
is of opinion that there must be socialization of economic rights and private
property. Private property sometimes causes social conflicts. If there are no
intellectual property rights in the society it will definitely affect human
rights of patentee and farmers. Law cannot supersede the humanity and rights
oriented approach.
[1] P.N.Fedoseyev
Scientfic Communism Progress
Publisher Moscow ed1983p9
[2] Political Economy by
Progress Publisher Moscow p20
[3] Lewis A. Coser, Masters of Sociological Thought, Rawat
Publication, ed. 2008, p. 58.
[4] Charles Lemert, Social Theory, Rawat Publication, p.
29.
[5]. A. Byzuev, What is Capitalism, Progress Publisher,
Moscow, p. 12.
[6] Ibid.
[7] Marx, Engels, Lenin, On Scientific Communism, Progress
Publisher, Moscow, p. 42.
[8] Ibid.
[9] John D. Finch, Introduction to Legal Theory, Universal
Law Publishing, 2009, p. 182.
[10] Id. at 184.
[11] Id. at 184.
[12] Charles Lemert, Social Theory, Rawat Publication, p. 42.
[13] Subrata Mukherjee, Sushila
Ramaswamy, A History of Political
Thoughts Plato to Marx (PHI), p. 359.
[14] Id. at 366.
[15] V. R. Krishna Iyer, Law, Justice and Disabled, (1982), p. 17.
Vikram Singh Jaswal is PH.D candidate and doing his research work for doctoral thesis on Corporate Governance in H.P.University, Shimala and secured Gold Medal in LL.M from same faculty in 2007. He has served as Assistant Professor at various Law Schools including regional centre of H.P University, Dharamshala and currently working in Bahra University, Shimla Hills, Solan, Shimla. Email: Vikramsinghlaw@gmail.com
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