Study On Marx's Legal Philosophy Theory

Marxist legal philosophy is the direct theoretical starting point and guide to action of our nation's construction of democracy and rule of law.At the age of the “law-based governance” in the country,accurately understanding both the basic connotation and extension of the thought of Marxist legal philosophy is an important basic theoretical project,as well as a navigation mark of“law-based governance of China”.This thesis has completely presented the basic system and the contemporary value of Marxist legal philosophy from different perspectives like background,connotation,essence and value by clarifying its ideological origin and its historical evolution,analyzing its basic connotation,the essential characteristics and its historical significance at the realm of the contemporary “law-based governance of China”.Furthermore,the thesis manifests the historic mission of related research of the legal philosophy in China in the present age,hoping to supply theoretical guide to the construction of the “law-based governance”.The thesis consists of fourth parts as following:In the first part,the writer focuses on the development of the Marxist legal philosophy.By introducing briefly the Western traditional legal philosophies and analyzing the reasons why they were adopted or abandoned by Carl Marx,this part is trying to enunciate that the Marxist legal philosophy is a theoretical combination of continuance and innovation of theories of previous giant philosophers and thinkers.The writer tries to present the whole process in which Carl Marx started from the legal philosophy of neo-critical-rationalism,then gradually turned to the legal philosophy of materialism,and finally ended up in establishing the legal philosophy of historical materialism.Meanwhile,the writer also exhibits the process of the legal philosophy of historical materialism being testified during the formation.In the second part,the writer tries to enunciate the basic content of the Marxist legal philosophy.The thesis divides the basic theories of Marxist legal philosophy into three sub-divisions,i.e.the ontology,the theory of value and the methodology with a view of philosophical research.The part of ontology attempts to discuss the reality of law;the part of the theory of value,the rationality of law;the part of methodology,the key research methods in Marxist legal philosophy.In the third part,the thesis discusses the basic characteristics of Marxist legal philosophy.By comparing Marxist legal philosophy with other legal philosophies,this part points out that the inherent nature of Marxist legal philosophy is its practicality,criticism and humanity.Furthermore,the thesis targets to put the present analysis under the contemporary view and focuses on illustrating how to understand the nature of Marxist legal philosophy in a right direction,thus to offer a proper guide to the construction of “law-based governance of China”.In the last part,the writer tries to clarify the value of Marxist legal philosophy in a contemporary background.This part is intended to present the practical value of Marxist legal philosophy.The writer enunciates the development of modern legal philosophy and intends to analyze the profound meaning of Marxist legal philosophy.In the end,out of the perspective of Marxist legal philosophy,the writer proposes some fundamental principles by which the construction of “law-based governance” should abide,and by which the value of Marxist legal philosophy can be fulfilled.