Marx And Engels Justice Of Law Research

The research object of this dissertation is the concept of justice including law in Marxand Engels. Currently, domestic and abroad research concerning the view of Marx and Engelsabout law and justice has been divided into two isolated parts. Many Chinese jurisprudentsare interested in Marxist law view while the philosophers and ethicists in western countrieslike arguing about Marx’s justice view. It seems that the two parts are compeletelyindependent of each other. So up to now, there are few people caring about the view of justiceincluding law and the relation of law and justice in Marx and Engels. Besides, as for theresearch method, current study is mostly limited to the analysis of Marx and Engels’s texts,trying to find the words as “law”,“legislation” and “justice”, etc., probing their meaning in aspecific thesis, mostly neglecting the angle of history. This paper is an attempt to breakthrough the limits of traditional research objects and methods, regarding the concept ofjustice including law in Marx and Engels as a clue, trying to dredge the relation of Marxistlaw and ethics from the standpoint of law philosophy and intellectual history.The full text includes three parts: introduction, main body and conclusion. Theintroduction section introduces the causes of choosing such a thesis subject, the status quo ofdomestic and foreign academic research on the scope of this article as well as the text’sresearch methods, thread of thought, problems necessarily faced with in writing, probableinnovations in mental thinking. The conclusion is a further elucidation of the writing purpose,also the conclusion of this article. The main body has four chapters in all, from the logicalconnection between the chapters it can also be divided into two parts.The first part is chapter1. As a cushion of the whole paper, it traces back to the socialfoundation of justice view including law by Marx and Engels, made of economic base andclass basis and ideological resources. Chapter1doesn’t stick to the classic texts of the writers,but puts the system of Marxist theory as a whole into the historical background, dates back tothe formation and evolution of the theory in western intellectual history. The focus of chapter1is the third section, expanding the theoretical relation between Marx-Engels and theancients with two resources: Ancient Greece thinkers and utopian socialists. The ideas ofabove ancients on law and justice greatly influenced Marx and Engel’s thinking about justiceincluding law. From the historical ground, chapter1concludes that the formation of Marxand Engels’s justice view including law has its inevitability in history, there are three factorswhich include large industrial development in capitalist society, the increasing importance of industrial proletariat, the theoretical resources provided by the ancients, jointly promoting theconstruction of Marxist communist ideal.The second part starts from chapter2up to chapter4, is the center of the paper. Itfocuses on the expoundation of Marx and Engels’s theory of justice, law, relationshipbetween justice and law. According to the historical and textual analysis, we explore andsummarize the view of Marx and Engels’s developing justice, material law, and their viewson dialectic relationship between justice and law. Historical and textual investigation showthat, in different historical periods, or in different stages of social development, there havebeen many different views of justice, but Marx and Engels believe that development is theessence of justice, that is to say, the old things will be replaced by the new things that complywith the social developmental discipline at last. Accordingly, only those behavioral selectionand system design that comply with the social developmental discipline can contribute to therealization of social justice. Freedom and equality is the basic meaning in justice, the purposethat Marx and Engels criticize capitalist class exploitation severely is to indicate that theirconnotation of justice, upholding the dignity of the human person, and ultimately, promotingthe large development on human freedom and equality. Legal view of Marx and Engels isunfurled under the framework of justice. Based on the distinction of law and legislation, wethink that the classical writers establish a series of unique view on the origin, nature, values,and future development of law. After giving the creative interpretation of justice and lawrespectively, the classical authors express their concept of dialectic relationship betweenjustice and law so as to solve the pendent issue scientificly, beyond the two major law schoolsin western history of legal thought, both natural law and positive law can’t interpret therelationship between justice and law reasonably. The paper analyze and epurate the classicalwriters’ thinking on general and particular relationship between law and justice respectivelyfrom the perspective of legal philosophy and department law.