Praxis And The Rationality About Law

In this thesis, the author aims at making a discourse conversion of Marxist theory of law from the critical into the affirmative inclination, namely constructing an affirmative Marxian philosophy of law. The author starts this work from studying Marxian philosophy of praxis. The key work of it is to analyse the opposition of praxis and reflection. And it is shown as necessary to build a new relation of praxis and reflection through'reflexivity'. On the basis of this, it comes to analyse the three different perspective of reflection:'ego','language'and'praxis'. And the three different perspective of reflection form three rational base about law. They are Kant's thought of transcendental subjectivity; Habermas'thought of communicative rationality and the thought of reflexivity-praxis. Through comparing such three thoughts, the author argues that the thought of reflexivity-praxis surpasses Kant's thought and Habermas'thought because it can give a better meaning of reflectivity and intercourse. At the same time it successfully forms a new rational base about law. Through it the author finally finishes the work of constructing an affirmative Marxian philosophy of law.