● Baxi’s critique of the current time - there is no place for critique of the current state rule -

will be completely crushed.

● Perspective - State will always cater to self-interest and are capitalist institutions,
communists should self-reflect before partaking in parliamentary politics.
● The goal is redistribution and not dictatorship
● Baxi: In modern society, when society was transforming from feudal society to an
industrial society, the promise was that this will be a rule of law society, and reign of
terror was the mechanism for rule in feudal societies(terrorize people and make them
fearful). Because of reign of terror, there used to be primitive accumulation - some
people have accumulated resources and some have denied. Industrialisation promised
that they will alter this. The class structures in feudalism were rigid and non-porous. Now
in Industrialism, through hard work and self-interest, the categories are not rigid and it is
permeable. Capitalism put certain institutions - constitution, contracts - which are
superstructures according to marxist that were built on the base of primitive
accumulation.
● In the Indian context, there is a state that is explicitly called socialist and is obligated as
a state to take on the redistribution project. It is part of the terms of agreement that the
state will cater to the interests of the people. This piece gets written around the 1990s to
take stock of what has happened - we had something called the constitution, rule of law
implemented, socialist promise in place. Rule of law was going to undo Reign of terror.
Socialism is also for rule of law and no reign of terror, but rule of law for redistribution.
The end is not advancement of self-interest. Baxi: This is not happening. Look at what is
happening - socialist ideas that are making way for capitalist to come in. Rule of law that
paved the way to reign of terror.
● (1) rule of law is enabling reign of terror and is co-existing with reign of terror and
perpetuates primitive accumulation - state
● (1) law as a resource for primitive accumulation (2) capitalism in agricultural
relationships (3) Surplus repression.
● (1)Law as a resource for primitive accumulation - Rule of law in two ways: bloody
legislation(laws that make violence of bourgeois against workers- legitimate) Private
legislation(in the presence of formal law - get away in the shadows of formal law, and
second - no law and private individuals are making laws outside of democratic means)
● (2) Socialist Indian state after Independence - ownership of private property taken
away as a fundamental right, not a right of a private individual to own property. This right
was introduced as a constitutional right- eminent domain and how the state can own
property and take it away from private individuals ; a checks and balances system.
When the right to own private property was included as a constitutional right, the power
of judicial review was taken away - and the state got immunity. Rationale - redistributive
move and resources can be taken over redistribution(state as an elected body , elected
by the people and consent obtained from the people and judiciary is not elected.) This is
the rationale for the immunity. Under this constitutional reign, land acquisition act -
development projects (land ceiling in place, land taken away for development); third
world needed financial aid - happening through privatisation of the economy,
development projects taken on by the government. Land seized from private actors, and
 adivasi land , land taken away for Sardar Sarovar Dam, Tata plant in Jamshedpur - how
were development projects being done? Lands were taken away and given to private
corporations. Private entities were given away erstwhile private land for common good.
How is it being rationalised? “Common Good. Socialist redistribution vision and its
application not towards the end of communism, but towards the end of capitalism.
[socialist views meant to uplift the poor but is hurting the poor]
● Margaret Davies- end goal is same, you can take different ways - not just about one way.
● (3)Surplus Repression - Experience of the workers - Marx comes up with the logic of
alienation of labour for the worker and he is unable to permeate through the class
structures and rise to the top. He looked at the micro-experience of the factory workers.
Alienation of labour is why the worker is so unhappy, powerless. The point was to find
out - whether he was happy - wages satisfactory? Promise of capitalism - class
structures will remain but the person at the base will be able to reach the top because
capitalism will enable it, through recognition of private property. / Why is profit a good
thing? Because of capitalism. Baxi - Law is becoming like a commodity, law is working
like goods in the market logic. Commodity Fetishism for Law - state is continuously
making laws; especially laws that legitimise reign of terror - fetishism among citizens for ;
guarded about individual interest, someone beating you or assaulting you or stealing you
- state is working on the fetishism citizens have for security and protection - which is why
laws legitimising reign of terror are being passed. A redistributive project does not allow
you to do that. Punishment will take the form of reform in a redistributive light.
● Reign of terror - abrogation of fundamental rights, passing of exceptional laws to curtail
people who are a threat to democracy, state has the power to authorise capital
punishment. Terror laws allow torture - form of bloody legislation, threat to the structure
of democracy, in bloody legislation(threat to private property).
People who are threat to nation and social structures - armed rebellions, terrorists - neglects of
the state, not having the means to enter the production.
● How is surplus created? Through alienation of labour. Terror laws are surplus laws -
more laws will give better society - more laws cannot be correlated to happier society -
we take this route because there is fetishism for security and protection of individual
rights - poor are alienated - legitimization of violence, working on fear.Ruling or
governance through terrorising, coercion, domination.
● Modern law was for creating an egalitarian society, for regulatory practices, law at its
heart has a promise, transitioning from a savage state - this is what modern law is
supposed to work against.
● Surplus Repression: Flow of argument - Individuals want to preserve and advance their
self-interests, there is fetishism for security and protection from harm, [through
voting]citizens give consent to the state to make laws which will protect or give them
security, states make more laws, these laws are legitimising violence resulting in
oppression, dominance[capital punishment, torture laws]. These laws are being
repressive hence the reign of terror. State is not interested in a redistributive project,
interested in accumulating for itself. Rule of law consciousness could rule out reign of
terror but it is not doing so. Profit of laws - state is making more profits by making more
Rule of law is rule of ruling classes
His critique - how is law working in the hands of those who are saying that they are committed
to socialism
Who is termed terrorist

Punishment - prisons - prison labour