The Nature and Function of Criminal Law Under Different Modes of Production

The Nature and Function of Criminal Law Under Different Modes of Production

i) Primitive Mode of Production

In the primitive mode of production, there were no formal laws or criminal law. Social norms and customs regulated human relations. Criminal law only emerged with the development of class societies.

ii) Slave Mode of Production

In this society, there were two main classes: the slaves and the slave owners. The law served two key functions:

1. Suppression of Resistance: Criminal law was used to suppress resistance by slaves and other exploited groups. For example, in Greco-Roman times, laws such as the Twelve Tablets in Rome provided statutory definitions of criminal conduct. Severe punishments like the death penalty were used against slaves. Slave masters could kill their own slaves without consequence, while killing another's slave only required compensation.

2. Protection of Slave Owners' Property: Harsh penalties were imposed for offences against property to protect private ownership and maintain the social order. In severe cases, theft could result in death for slaves, while less severe offences were punished by maiming.

iii) Feudal Mode of Production

In the feudal era, two main classes existed: landowners and peasants. Criminal law served the following purposes:

1. Suppression of Resistance: It was used to quash uprisings by exploited peasants and urban populations.

2. Protection of Feudal Property: The law enforced the landowner's ownership of land and compelled peasants to work for their lords.

iv) Capitalist Mode of Production

Under capitalism, criminal law served multiple functions:

1. Protection of Political Foundations: The law was used to protect the political structure of capitalist society.

2. Suppression of Resistance: Laws were designed to suppress resistance from the working class and other discontented groups.

3. Protection of Private Property: Criminal law protected private ownership, the cornerstone of capitalist society.

4. Economic Functioning: Laws established general conditions necessary for the functioning of the capitalist economy.

Criminality, particularly offences against property, increased during this period, often involving workers and the poor. Crimes such as corruption, extortion, and industrial espionage emerged in response to the pressures of capitalist development.

v) Socialist Mode of Production

In socialist societies, criminal law had two primary purposes:

1. Protection of the Socialist State: The law was used to defend the socialist state system against opposition.

2. Protection of Socialist Property: With the nationalization of private property, laws were enacted to protect the newly established property relations. Criminal law became a tool to control resistance and counter-revolution, ensuring the security of socialist society.