In the final analysis, the state is an organ of class rule. But a class which must rely on the naked power of state coercion to rule in the first analysis as well, is one living in a state of siege, rebellion, war or revolution. As such, the State strives to rule through consent and neutralize the class conflict which would otherwise tear it apart, and does so by appearing to be a power standing above society, which mediates class conflicts and keeps them within the bounds of order.
However, as much as it is an institution for the enforcement of a Capitalist mode of production, the Liberal state cannot appear to be impartial and just, without in on occasion being just by checking the most blatant and hypocritical excesses of unrestrained Capitalists. This is discussed in part by E.P. Thompson:
If the law is evidently partial and unjust, then it will mask nothing, legitimize nothing, contribute nothing to any class's hegemony.
The essential precondition for the effectiveness of law, in its function as ideology, is that it shall display an independence from gross manipulation and shall seem to be just. It cannot seem to be so without upholding its own logic and criteria of equity; indeed, on occasion, by actually being just.
The rhetoric and the rules of a society are something a great deal more than sham. In the same moment they may modify, in profound ways, the behaviour of the powerful, and mystify the powerless. They may disguise the true realities of power, but, at the same time, they may curb that power and check its intrusions
As someone working in a free legal clinic serving low-income clients I see this daily. I fully appreciate the ways in which laws and state institutions -in my jurisdiction- provide real protections to workers against their bosses, tenants against landlords, and consumers against corporations. However, at the same time I cannot lose sight of the fact that in every excess of Capitalism that the state shields the working class from, the state enforces the class-domination from which it arises; class-domination whose other (legal) immiseration are protected by state power.
In the final analysis, the state is an organ of class rule. But a class which must rely on the naked power of state coercion to rule in the first analysis as well, is one living in a state of siege, rebellion, war or revolution. As such, the State strives to rule through consent and neutralize the class conflict which would otherwise tear it apart, and does so by appearing to be a power standing above society, which mediates class conflicts and keeps them within the bounds of order.
However, as much as it is an institution for the enforcement of a Capitalist mode of production, the Liberal state cannot appear to be impartial and just, without in on occasion being just by checking the most blatant and hypocritical excesses of unrestrained Capitalists. This is discussed in part by E.P. Thompson:
As someone working in a free legal clinic serving low-income clients I see this daily. I fully appreciate the ways in which laws and state institutions -in my jurisdiction- provide real protections to workers against their bosses, tenants against landlords, and consumers against corporations. However, at the same time I cannot lose sight of the fact that in every excess of Capitalism that the state shields the working class from, the state enforces the class-domination from which it arises; class-domination whose other (legal) immiseration are protected by state power.