Nationalist Legal Philosophy

The theory and practice of former Soviet Union law and state is the typical reflection of the nationalist legal philosophy, which provides a different thinking on law and state from liberalism. The review on the theory of nationalist legal philosophy not only indicates the political and legal basis of national states, but also offers an important thread about legal civilization, and contributes to understand the reality and future of the rule of law in China.First of all, the thesis interprets the principles, characteristics and sources of nationalist legal philosophy, and definites the theoretical standpoint. Then referenced with the theory, the thesis picks up the history of former Soviet Union law and state, questing the intrinsic rule of former Soviet Union legal philosophy. On the basis of the system analysis, the author extracts the theoretical core of politicalization of nationalist legal philosophy, including the practices in judiciary. Finally, the thesis summarizes the dilemma and outlet of the nationalist legal philosophy, and concludes that the nationalist legal philosophy, which sprung up with modern national state, took on some historical rationalism and legitimacy and would continuously innovate and perfect with the globalization.The nationalist legal philosophy is the basis of modern national states in jurisprudence, and the principles of which includes supremacy sovereignty, the idea of an overwhelming of national interests, the conception of nation preceding over society and individual, the notion of duty, the value of individual. The nationalist legal philosophy seeks the value to cultivate the sense of political identity, to establish the belief of supremacy authority secularization, and to impart legitimacy of absolute power and coagulate national identity. The characteristics of nationalist legal philosophy include: the nationalization of social authority, the super power belonged to nation, particularly emphasizing the duty of citizen, the nation as the social representative and the only legislature. The nationalist legal philosophy rooted in the ancient Greece, and experienced two periods including the classical and modern national legal philosophy, and finally companied with the process of nation, it shaped the integrate legal philosophy.Referenced with the theoretical frame of nationalist legal philosophy, the thesis reviewes the history of nationalist legal philosophy of former Soviet Union. Russia had the legal tradition of feudalism, so with the social innovation, in the beginning of 20 century, the nationalist legal philosophy of former Soviet Union formed in Lenin period, and got fixation in Stalin period, but it changed a lot after Stalin. Therefore, the nationalist legal philosophy of former Soviet Union developed along the rule of law adhere to politics, that is to say, legal philosophy is the byproduct of political philosophy.So the nationalist legal philosophy of former Soviet Union is the theory illustration of political law. It turns into practice in legal area. This legal philosophy has a special legal concept, legal essence notion, insists on nation-first in legal system, and emphasizes political function of judgment. Thus the law and state theory of former Soviet Union strengthens excessive nation ideality and authority, wholly controls society and individual.As an important legal philosophy, it contributes to the theory of sovereignty, the relationship between law and state, the relationship of law and individual interest, function of state, civil obligation. The core thought is state as a leading dominant force affects all kinds of society area. State always means the background and restricts thinking. So it constitutes a premise to speaker. And the particularity of former Soviet Union legal theory and system could be understood in nationalist.Legal theory of former Soviet Union is byproduct of state theory, which attaches itself to polity theory of centralization of state power. It devises legal system; arrange the relationship of state and individual basing on state. In this theory, state is the starting point. And individual right is not the focus of law. So civil have no passion of right, or respect for law and state. That is to say, in discussing state problem, this legal theory could not develop a theory to protect civil right, or to restrict state power. But we cannot discard it in methodology, but rebuild it. After we expand this legal theory view and transcend the one-dimension of law-state, we will deeply understand law.The globalization age impacts the nationalist legal philosophy, at the same time, supplies a greater macroscopic society background and actual life situation. In this new age, we should rethink basic relationship between law and state, politics and power, individual freedom and right. Especially we should analyze the universal value ideality. And we must alert the theory trend and romanticism thought ignoring nation-state function. Nationalist legal philosophy must be converted by producing modern democracy spirit and freedom idea, on a promise of defending nation-state independence and freedom. At the same time, we should reflect on globalization ideology in nation-state frame, and reflect on west liberalism so as to avoid looking on romantically west culture. Nationalist legal philosophy should transfer the basic standpoint to realistic life, pay attention to nation-state system and individual right of pursuing welfare. In globalization age, nationalist legal philosophy must change its view from whole nationalist to individual life world.Any polity legal idea's birth, development and change is the reflection of the special society need. If we respect culture difference and locality, we should at the same time admit that every theory has its special historical origin, and restrict by realistic society condition. Nationalist legal philosophy development reflects evidently the logic relationship between history and reality. At the same time, every theory, thought or idea will change in time, comply with the development rule of history trend, accept common value ideality of human being culture, and give a new theory response in new age.