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Research On Marx’s Thought Of Right

Posted on:2015-03-26Degree:DoctorType:Dissertation
Country:ChinaCandidate:X L FanFull Text:PDF
GTID:1226330467467724Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Used to study Marx right thought follow a right to pursue the concept of research ideas,and to achieve a relatively accurate definition, or in the rational freedom early Marx as thebreakthrough point, or after a period of Marx practical material interests and economicperspective as the basic position, or from the right as the superstructure rule will and ideologyto carry on the right, or is an integrated all of the above ideas.This method of research on onehand helps in form and other non Marx or non Marx’s rights theory, on the other hand, is alsoconducive to Marx right connotation to establish a direct, clear and normative ideas. However,this idea of Marx right concept based pre sentence, in fact, caused some errors on the rightunderstanding of Marx thought, especially not to reveal Marx criticism and construction ofthe rights from the perspective of relations of production. The results, not only separate theinner contact Marx right thought and historical materialism as the basis for the existence ofthe inheritance and transcendence, but also lead to not understand Marx ideas of right to therelationship between subject and object ontological thinking, the formation of the traditionaltheory of right, then ignore some important basic properties of interpretation of the concept ofright in his thoughts.The main objective of this study is, through the faithful interpretation of classical texts,standing in the framework of Marx social theory, logic value excavation production relationsin Marx’s right thoughts, and on this basis, through the correct cognition on Marx rights, tothink and reflect on the general concept of the right to basic, to attribute human heart.Based on this, the first chapter of Marx and Marx’s right thought evolution is describedsimply, and the philosophy of the subject object relation theory as the clue to the evolution ofthe idea of rights, pointing out the right is a historic category, generation of rights and theindividual,"I" consciousness is closely related to germination. The concept of rights hasexperienced from scratch, from vague to clear the long process, the objectivity of the right isexternal to the body, the first stage of natural justice and religious consciousness as a basis ofthe right to know, the rights attached to the whole, cling to power, discrimination andcompulsory low. Bring the modern enlightenment subjective rights concept, is the inevitableresult of the rapid development of the rise of individualism and free markets, subjective andobjective law of the concept of rights is opposite in theory, the man’s freedom, behavior, willbe expressed, showing human history subject to self affirmation and struggle. Marx right concept is the right understanding of critical process developed, perfect theright cognition, Marx stood on the dialectical and historical materialism position, one handinherit the positive elements of the traditional subjectivity right thinking, on the other hand, inthe relations of production theory as a critical subjectivity weapons, pointing out the rightmust be to achieve the unity of objective and subjective and human liberation road. Finally,sum up this process, we found that, as the perfect right theory, two inevitable paradox Marxremains in the subject of right: on the eternal and the right die paradox and the rights of theindividual and communal conflicts paradox.In order to obtain the above paradox more clear cognition, integrity based on the Marxtheory, the right is the relations of production as a general proposition, divided into threechapters, from three perspectives on Marx analysis on rights are discussed, the specific rightand possession, rights and labor rights, and distribution.On "rights and possession" decisive steps, the core of the second chapter is to grasp theMarx of rights have possession of understanding. So, to study the history of possession andownership relationship development process is necessary, a clear distinction for possession ofthe facts and the possession of the rights of the legal and historical significance, on the otherhand also narrates the different historical forms of individual self possession rights for sure.Possession is the first key step converts human mode of production, from the development ofthe fishing and hunting economy to agricultural economy, on certain things, especially theoccupation of land, in fact, opening a sedentary life and city rural division of mankind, theactual is the initial community between the division. Possession and all isolated fromconfusion, it embodies the individual from the community of independent and self discovery,of a single individual, possession, all distinguish actual proved I, the community, thedistinction that individual identity in the liberation from bondage. This liberation, reached apeak of self denial in the contract in the world. Marx criticized the capitalist exploitationsecret possession, possession with the subject of the phenomenon has covered the nonpossessive real, wiped out the individual rights in history, the individual is entirely controlledby the alienation and commodity fetishism. In order to establish the nature of human relations,the reconstruction of individual ownership, possession and ownership of capitalism, whichoccupies the right view of the negation of negation, become the final choice of Marx. Thisprocess, fully practice the history of political philosophy of rights.Possession is the secret right of self discovery, labor is the possession of the secret. The third chapter "rights and labor", further to promote the rights recognized source of specificrights, labor rights, and realize the rights and perfect right. Labor rights theory is not thetheory of Marx’s innate creativity, Marx’s labor theory of rights is a continuation of Rock,Smith, Ricardo’s politics of contracts and classical economics, and criticism of Hegel’sGerman philosophy. The past theory has to work as a individual to realize the real possibility,so as to capitalism source of wealth and rational self to the legitimacy of narrative. Marx’scontribution to science, the theory of duality of labor found surplus labor and labor alienation,which describes the capital and labor struggle philosophy; in the possession of capital underthe premise of labor, not only can not be to create your own wealth and expand the rationalspace, instead, only with their own labor to become more poverty, more irrational. Therefore,the three section of this chapter from the abstract labor regulations, to deny the right ofalienated labor, labor rights to self reconstruction, complete interpretation of the rights andrights of Marx criticism construction process, points out that communism, undifferentiatedlabor will be right.Distribution by production decisions, but at the same time allocation is the premise ofreproduction. On labor understanding, must understand and on the distribution of thecombination, to form a complete production history. The fourth chapter "rights anddistribution", firstly, by a historical narrative, be descriptions of human since the class societyproduced by the equal distribution of claim and right equality, to clarify the relationshipbetween rights and distribution, namely the equality of resources allocation is the equality ofrights and the basic premise of economic goals. Then, to understand the specific conceptassignment in Marx’s treatise, clearly assigned as production links in the production process,so as to undertake the analysis of the previous chapter rights and labor relations, pointed outthat the labor rights as the scale of distribution reflects the individual rational value. However,the labor standards of individual right and equal rights to reflect, is not a naturalimplementation, it is the premise of the exertion of the concrete form, that is the relations ofproduction. Private social and decision produced by private individuals, labor have differentscales, and can’t make the historical role of distribution according to work to achieve theequality of rights of possession system, must have the Communist society, the complete stateof a highly developed in the relations of production and productivity, distribution according towork and distribution according to need combining the distribution, can really lead to theequality of rights. However, according to the great needs of material prosperity premise seems to objectively deconstructs the distribution itself, because, material has rich to distributionmode without some kind of system or standard, need unrestricted distribution directly andintegration process, and then the concept of right, equal right is to the emergence of newforms of rights a kind of.Although the purpose of this study is not to get a Marx on the right concept ofdeterministic conclusion, but in the process of analysis, an obvious fact is that, Marx’slanguage rights, property rights, in the formulation of the concept of human rights has.Therefore, fully revealed in the relations of production logic approach to the concept of rightafter Marx, in the fifth chapter, rights and legal rights, property rights, the concept of humanrights, simply describes the right concept relations system Marx right speech, right, points outthat the concept of human rights and property rights are rights Marx concept of developmentprocess, not in any single right understanding covers rights overall. Thus, from another side,similar to the one Hegel thought angle, the right development reflects the negation of negationin a conceptual link, Marx is in the relations of production history of movement, constantly toanother concept from a concept, finally obtained the rights to understand Marx’s unique.The sixth chapter is the conclusion part, based on the analysis of the positive role ofpossession, labor, construction of distribution rights, pointed out the right as the connotationof the relations of production, on the one hand reflects the relationship between man andnature, on the other hand, embodies the relationship between man and society; theconnotation of the actual expression of the Marx production of Marx and the people of thisthe right understanding of perspective, and show that the fundamental rights concern Marx iscaring for people, is a deep understanding of the relationship between living world inindividual and society people. In fact, the conflict and contradiction always reflect the peoplehow to go beyond the self, beyond the social history, even beyond the limit of time and space.Rights not only as the norm, and as economic relations, this is Marx’s critique ofbourgeois rights history form; the right as the people’s liberation, but also as the essence ofclass, this is Marx the future social reality. Inevitability beyond the inevitability of the nature,society beyond, beyond the Marx on the ultimate right to care.
Keywords/Search Tags:right, possession, labor, distribution, ownership, individual, publicity
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