Toward the middle of the 1970s and throughout the 1980s, Marxist theorists began to develop structuralist Marxist accounts of the state, law, and crime. Structuralist Marxism disputes the instrumentalist view that the state can be viewed as the direct servant of the capitalist or ruling class. Whereas the instrumentalist position argues that the institutions of the state are under the direct control of those members of the capitalist class in positions of state power, the structuralist perspective takes the position that the institutions of the state must function in such a way as to ensure ongoing viability of capitalism more generally. In other words, the institutions of the state must function so as to reproduce capitalist society as a whole. The  Miliband–Poulantzas debate between instrumentalist Ralph Miliband and structuralist Nicos Poulantzas characterized the debate between structural and instrumental Marxists .Poulantzas, N. & Miliband R. (1972). The Problem of the Capitalist State. In R. Blackburn (ed.) Ideology in Social Science: Readings in Critical Social Theory. NY: Pantheon Books, pp. 238–262. Structuralists view the state in a capitalist mode of production as taking a specifically capitalist form, not because particular individuals are in powerful positions, but because the state reproduces the logic of capitalist structure in its economic, legal, and political institutions. Hence, from a structuralist perspective one would argue that the institutions of the state (including its legal institutions ) function in the long-term interests of capital and capitalism, rather than in the short-term interests of members of the capitalist class. Structuralists would thus argue that the state and its institutions have a certain degree of independence from specific elites in the ruling or capitalist class. Long- versus short-term class interests Structural Marxism posits that the state functions to serve the long-term interests of the capitalist class. Building upon the works of Engels and Lenin, structural Marxists posit the idea that the state is a mechanism for regulating class conflict, the irreconcilable tension between the proletariat and the bourgeoisie.Lenin, V.I. (2004/1917). The State and Revolution. Whitefish, MT: Kessinger Publishing.Offe, Claus (1974). Structural Problems of the Capitalist State: Class Rule and the Political System. In Klaus von Beyme (ed.) German Political Studies, vol. 1. Beverly Hills, CA: Sage Publishing. By regulating these antagonisms rather than eliminating them—which Lenin thought was impossible without violent revolution—the state serves to stabilize the capitalist system as a whole and preserve its existence. Structuralists differentiate between the long-term and short-term interests of the capitalist class in order to describe the necessity of the state to the capitalism system. Short-term interests of the bourgeoisie include policies that affect capital accumulation in the immediate future such as tax breaks, reduced minimum wages, government subsidies, etc. They maintain that when the state is not benefiting the bourgeois class' short-term interests, it is acting on the behalf of its future interests. Accordingly, when the state seems to act on behalf of the proletariat rather than the bourgeoisie (raising minimum wages, increasing rights of workers' unions, etc.) it is serving capitalist interests by meeting the demands of workers only enough to prevent an uprising that could threaten the system as a whole. Because the interests of the proletariat and the capitalist classes are counter to one another, the state is necessary to regulate the capitalist system and assure its preservation by forcing capitalists to agree to demands of workers to which they otherwise would not succumb.
Toward the middle of the 1970s and throughout the 1980s, Marxist theorists began to develop structuralist Marxist accounts of the state, law, and crime. Structuralist Marxism disputes the instrumentalist view that the state can be viewed as the direct servant of the capitalist or ruling class. Whereas the instrumentalist position is that the institutions of the state are under the direct control of those members of the capitalist class in positions of state power, the structuralist position is that state institutions must function so as to ensure the viability of capitalism more generally. In other words, state institutions must reproduce capitalist society as a whole. The debate between structural and instrumental Marxists was characterized by the Miliband–Poulantzas debate between instrumentalist Ralph Miliband and structuralist Nicos Poulantzas .Poulantzas, N. & Miliband R. (1972). The Problem of the Capitalist State. In R. Blackburn (ed.) Ideology in Social Science: Readings in Critical Social Theory. NY: Pantheon Books, pp. 238–262. Structuralists view the state in a capitalist mode of production as taking a specifically capitalist form, not because particular individuals are in powerful positions, but because the state reproduces the logic of capitalist structure in its economic, legal, and political institutions. Hence, from a structuralist perspective one would argue that state institutions (including legal ones ) function in the long-term interests of capital and capitalism, rather than in the short-term interests of members of the capitalist class. Thus the state and its institutions have a certain degree of independence from specific elites in the ruling or capitalist class. Long- versus short-term class interests Structural Marxism posits that the state functions to serve the long-term interests of the capitalist class. Building upon the works of Engels and Lenin, structural Marxists posit that the state is a mechanism for regulating class conflict, the irreconcilable tension between the proletariat and the bourgeoisie.Lenin, V.I. (2004/1917). The State and Revolution. Whitefish, MT: Kessinger Publishing.Offe, Claus (1974). Structural Problems of the Capitalist State: Class Rule and the Political System. In Klaus von Beyme (ed.) German Political Studies, vol. 1. Beverly Hills, CA: Sage Publishing. By regulating these antagonisms rather than eliminating them—which Lenin thought was impossible without violent revolution—the state serves to stabilize the capitalist system as a whole and preserve its existence. Structuralists differentiate between the long-term and short-term interests of the capitalist class in order to describe the necessity of the state to the capitalist system. Short-term interests of the bourgeoisie include policies that affect capital accumulation in the immediate future such as tax breaks, reduced minimum wages, government subsidies, etc. They maintain that when the state does not benefit the bourgeois class' short-term interests, it is acting on the behalf of its future interests. Accordingly, when the state seems to act on behalf of the proletariat rather than the bourgeoisie (raising minimum wages, increasing rights of workers' unions, etc.) it is serving capitalist interests by meeting the demands of workers only enough to prevent an uprising that could threaten the system as a whole. Because the interests of the proletariat and the capitalist classes are counter to one another, the state is necessary to regulate the capitalist system and assure its preservation by forcing capitalists to agree to demands of workers to which they otherwise would not succumb.
R
argues
is
R
perspective takes the position that the institutions of the state must function in such a way
position is that state institutions must function so
R
ongoing
the
R
the institutions of the state must function so as to
state institutions must
A
debate between structural and instrumental Marxists was characterized by the
D
characterized the debate between structural and instrumental Marxists
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the institutions of the state (including its legal institutions
state institutions (including legal ones
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Structuralists would thus argue that
Thus
D
the idea
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capitalism
capitalist
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is not benefiting
does not benefit