The Considerations on Law as Government Instrument of Controlling People in Society: Positive and Negative Outlooks

Abstract

                 Marxist theory of law is the doctrine representing thoughts of legislators who enact laws for authorities’ benefit and advantage protections in other words, “law enforced as the instrument for upper-class people who hold power”. This doctrine constitutes a negative outlook on the development of law as the governing instrument. There are variabilities in interpretations of the law as the governing instrument of controlling people in society based on the doctrine of Socialism. According to the study, it was found that the doctrine began with the image of negative law which was the orthodox Marxist theory reflecting on the society which lost the intellectual legitimacy. Subsequently, it was transformed into the image of positive law which meant the recognition of the value of law as the governing instrument of controlling people in society or greater stress on maintaining the supremacy of law.

                   Nevertheless, the Sociological Jurisprudence theory is the doctrine placing a strong emphasis on the importance of legal relationship to society. It heavily stresses the social legislation reflecting absolute determination to adopt or promote law as the governing instrument of controlling people in society.

                   According to the study, it was found that this doctrine was the mechanism of positive social issues solutions. The author suggests that justified thoughts based on one’s self-consciousness and optimistic thoughts should be adopted, in particular, Roscoe Pound’s optimism view which believes that the implementation of the law as the government instrument of controlling people in society and solving social issues to fight against injustice would benefit Thailand’s society in the future.