Two Transformations Of The Modern Philosophy Of Law And Its Significance - The Analysis Of The Marxist Philosophy Perspective

Guided on two conversions in modern legal philosophy, the writer uses the Marxian basic analysis method of law's society existence, comparing and analyzing the two conversions and theoretic characteristics of modern legal philosophy, clarifying the instruction given to the essence of right in the modern legal philosophy by the Marxian theory of law's society existence and the difference with the post-modern legal philosophy. The writer also brings forward the viewpoint that the significance of the Marxian theory of law's social existence lies on the interpretation and dialogue, thus people could review Chinese legal system construction through considering the conversion of the modern legal philosophy, and more references and revelations could be given to the construction of Chinese legal system construction.The conversion of modern legal philosophy is theorically based on the modern reasonable legal philosophy whose metaphysics characteristic deviating from history and experience was oppugned broadly and finally gave rise to the first conversion of modern legal philosophy. The modern conversion of Occident legal philosophy was delegated by legal positivism, denying the highest principle and ultimate value pursued by metaphysics legal philosophy, opposing the rationalism of deviating from history and experience, protesting the relativity of moral value and just, spurning absoluteness. The Critical Legal Studies Movement and post-modern law study arising in the 1970's, which fight against liberalism law tradition after the existence of classical natural law, aroused the second conversion of modern legal philosophy. It negates that law reflect nous, refuses the independence, conformability and oneness of law, and perturbs the bases and principles on which modern law study lies.The analysis of the modern legal philosophy shall begin with the law's social existence theory, which has its base on the modernity and existence of Marxian philosophy. Marxian theory of law's social existence includes: that law belongs to, and is one of the representative form of category of social ideology; that law reflects, and is restricted by, the social existence; that law, as one form of representing social ideology, reflects the interests of certain class; that civil society is the realism base of law and the concepts of country and law will come to an end when communism revolution develop the useful and discard the useless of the conflicts of productive force and communicative method. Marxian theory of law's social existence exerts a destructive effect on the base on which legal philosophy set up. It shares, to some degree, common ground of, and also has important difference with, post-modern legal philosophy. Marxian theory of law's social existence was overlooked for theorical and social history reasons and the cognition of whose history significance will help to make understood the essence and movement of law and make the conversion of legal philosophy to the vivid world come into realization. The fact that the significance of the Marxian theory of law's social existence lies on the interpretation and dialogue is decided by the modernity of Marxian legal philosophy, the characteristics of law, and also the development of legal philosophy.The instruction to the China's legal system construction given by the analysis of the two conversion shows that the construction of legal system could not live without social basis and any efforts to set up law deviating from the realism will turn out in vain. One of the distinct character of Chinese ancient social economy is the existence of Asian Mode of production, which decides that modern law of west contraries can not come into being in eastern society. The modernization conversion of Chinese law is an entirely replant of western law which will not bring forwardmodernization of legal system in China. The setting up of civil society is the base of, and setting up of market economy will give strong support to, modernization of legal system. From the prospect of interpretation of law, the...