The Research On Marx’s Early Philosophy Of Law

Marx’s early thoughts of law consists of three aspects:criticism of the existing legal system, criticism of various legal theories including the Historical School of law and profound reflection of legal philosophy of Hagel. Starting from the reflection position, with the concept of philosophical paradigm as the analysis tool, Marx’s legal thoughts can be divided into two aspects of different properties:view of law and legal philosophy view. This dissertation carries on the analysis to Marx’s legal philosophy view on his early literature. Marx’s thought of legal philosophy formed in the early development of Marx’s thought. Based on the definition of philosophical paradigm, combing the development process of the former Marx Western Philosophy, this thesis explores Marx’s growth experience and thought origin, and analysis of Marx’s important exposition about the philosophy of law in early literature. The thesis consists of four parts.The first chapter, the former Marx western philosophy review. With the concept of philosophical paradigm as analytic tool, the paper researches on the origin and development of western legal philosophy in the ontology paradigm, studies on the relation between the historical development, philosophical paradigm warp and philosophy view, grasps the logic relation and internal structure on representative various ontological philosophy view of the history of western legal thought, including ancient Greece Socrates or Platon’s philosophy, Kant’s philosophy view and Hagel’s philosophy view. Especially Hagel’s philosophy view should be paid more attention, because Marx’s legal philosophy is based on or is expressed through the direct criticism of Hagel’s philosophy view.The second chapter, the formation process and the thought origin of Marx’s legal philosophy view. By analyzing Marx’s life experiences, historical background, this paper tries to grasp the formation process and the logic of development of Marx’s legal philosophy in early times. Any innovative thinking is formed in succession based on the criticism of previous ideas. The analysis of Marx’s early philosophy thought origin is helpful to profoundly understand innovative, progressive significance of Marx’s early legal philosophy.The third chapter, the basic content of Marx’s early philosophy view. There is a systematic and comprehensive interpretation of the concept of Marx’s early philosophy by text analysis. The comprehension of proposition, judgment and conclusion of Marx’s early philosophy view should be placed on the time dimension of dynamic historical development of Marx’s early thoughts of law at the same time the philosophical paradigm or the ideological foundation for Marx’s early philosophy should be sought. Only grasping the philosophical paradigms and their transition of Marx legal thought, can we truly understand the specific content of Marx’s early philosophy view. From the three aspects, This chapter reviews Marx’s early philosophy view. First, in the logic reasoning, deductive reasoning, with the freedom of human nature or human subjectivity as the logical starting point, Marx argued that the comprehensive development of human freedom, paid attention to ontological law. With the comprehensive development of human freedom as the value standard, Marx denied and sublated the existing legal system. The logical starting point of Marx’s philosophy view at the same time is Marx’s philosophy of value element, the relationship between the logical starting point and value element is the relations of form and content. Second, in the transition of ontology paradigm to scientific paradigm, value theory paradigm, Marx put forward view of practice, the concept generation, development concept about law. Third, elaborating way of Marx’s early philosophy theory is through critique of German classical philosophy, especially the alienation of Hagel’s philosophy of law. As a result, Marx established the theory of his own. Marx correctly solved the inherent logic relationship between practice and rational knowledge, ideological emancipation, implementation of freedom value, so provided philosophical support for the study of the law and the practice of the rule of law. At the same time It must be Pointed out that Marx legal philosophy itself is not a closed system, but is a open theoretical system with a clear directivity based on practice.The fourth chapter, enlightenment of Marx’s early philosophy viewt-reflection on the legal paradox. By philosophical reflection on the rule of paradox, this chapter discusses enlightenment significance of Marx’s early philosophy view to construction of idea of rule of law and Chinese law culture. Using Marx’s concept of paradox on the legal paradox solution, we can promote ideological emancipation in the movement of rule of law in China, and enhance theory of consciousness and the spirit of the question to the construction of the rule of law.