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The Theory Of Civil Society, Political State And Development Of Law: The Epitome Of Max's Idea

Posted on:2004-05-14Degree:DoctorType:Dissertation
Country:ChinaCandidate:G R QinFull Text:PDF
GTID:1116360092485259Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The theory of Civil Society, Political State and development of law, is important social task which prosecute to the end of Max's study life . When Max's was Youngster, his thinking had new rational liberalism , he holded that the masses of people are national members , the code is The Holy Bible of the people's freedem . But during he thinked deeply to the actuality of the state sink into the means which to protect private interests , especially he through criticized Hegel's idea of The Legal Philosophy, Max recognized that the government bureaucrat organization is the tools wich to seek itself s interests by common forms , the Political State affirm it's natural basis which of Civil Society through humanrights law . The complete Political State is made up by legislation rights, the elect rights constitute the most important political interests which of the real Civil Society. Along with Max study this theory deeply gradually , he considered that the Political State is builded the contradiction between individual interests and public interests , the law through the willpower of Political State to give express to the common interests and demand of Civil Society . During Max had wrote " THE CAPITAL ESSAY " and it's manuscript, he probed into internal relationship of Civil Society , founded inherent secret of" interests and requirement" of Civil Society which composed by commondity product and exchange, and revealed the essence of Civil Society : in limits of free competition, the common interests of Civil Society is formed by each individural interests exchange . The Political State is the organization which of the property owners must used it to safeguard their wealth and interests . The law is embody of social common interests that is brought from meterial mode of production , it is the trinity is comprised with civil property rights , freedem and equality . Either political legislation , or civil legislation , they same make known and record economic relationship . In old age , Max through studied authropoligy , he had tested and verified his scientific conclusions of historical materialism of civil society theory . He deemed that the community of primitive commune has been disintegrated by private property and private ownership mentality, which leaded to Political State and law set up . Political State is the representation of common interests of some social groups , it established on the basis of the economic condition of Civil Society . The law his mandatory power and social custom hasn't, because the law is made by official legislative body .
Keywords/Search Tags:civil society, political state, law, common interests, individural interests
PDF Full Text Request
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