On The Evaluation Perspective Of The "Illegal Right Of Communism"-Buchanan Alan’s Reading Of Marx’s Theory Of Justice

Since the rise of political philosophy, a large number of domestic and foreign scholars have extensively studied justice, the basic issue of political philosophy. Most scholars inherited a lot of classical political philosophy thoughts from the modern western political philosophers, such as Hobbes, Locke and Rousseau, and started to explore the issue of political justice. However, in the field of Western political philosophy, it is rare see researches, which dig theoretical resources from Marx under the perspective of political justice. Marx’s philosophy is different from the traditional metaphysics is mainly because that Marx’s philosophy established political philosophy based on historical materialism. Therefore, it is an important part of the contemporary political philosophy that how to explore the political justice from the perspective of Marx’s political philosophy. In many western political philosophy schools, especially in the analysis of the Marx school, Alan Buchanan is a very good representative. He based the analysis on Marx’s justice problem and rebuilt the logic frame of Marx’s justice problem via the understanding of Marx’s idea of "communism".Buchanan argues that Marx’s communist ideas of social development, is not based on the typical “perspective of legal evaluation system”, which is represented by Hegel’s traditional philosophy. Through the interpretation on Marx’s concepts of exploitation, allocation, justice and right, Buchanan came to a basic conclusion: communism a "non-legal" evaluation perspective in Marx’s theory. That is to say, Marx’s understanding of communism is not to conform to certain principles of justice. On the contrary, communism is no longer to consider "justice" as a "problem". So it can be said that the communist society is a society where the "justice" problem is disappear. As a result, in Buchanan’s view, it is not true to believe that Marx’s communism is the realization of the "justice".The research content of this paper includes the following aspects:The first is Buchanan’s view about Marx’s liquidation on Hegel’s legal framework. Buchanan believes that Hegel provides theoretical foundation, "principle of law philosophy”, for Marx’s capitalist theory. Hegel studied the history of human society with the "right legislative framework" objective idealist conception of history and the capitalist system. But in Marx’s opinion, the criticism on capitalist system cannot be implemented in Hegel’s legal framework. Thus, Marx established the criticism on capitalist based on the unique perspective- "non-legal right", which is beyond the evaluation perspective of law right framework. The essence of Marx’s criticism on capitalism becomes such an appeal: establishing a non-legal environment in the presence of the society, this is the Communist society.The second is analysis of the shift of Buchanan’s view about evaluation perspective of Marx’s criticism on capitalism. In his opinion, Marx has realized the transformation from humanism perspective to communism perspective. Generally speaking, people believe that the realization of communism is the core of Marx’s theory, understanding the Communist as a social form of reality. However, according to Buchanan’s understanding, this understanding of communism has neglected a basic dimension. Because communism first existed as an "evaluation perspective" for criticism on the capitalist system and was the standards used by Marxist to judge the capitalist system. Therefore, first of all, it is not positively constructed social form, but an "evaluation perspective" for criticism on the capitalist system.The third is Buchanan’s view from the critique of "exploitation and criticism" on Marx’s non-legal right communism perspective. Buchanan argues that Marx’s non-legal evaluation perspective is not to criticize on the legal framework of capitalist society. Marx settled in for criticism on following two facts: the exploitation and human alienation. Buchanan believes that in Marx’s theory these two facts are not about the issue of law right, but about modes of production. Therefore, the evaluation perspective of non-legal right frame of communism determines that Marx’s criticism on capitalist system is also a non-legal right framework, and the fundamental problem of capitalist society is the problem of the mode of production.The fourth is Buchanan’s explanation on the perspective of non-legal evaluation for Marx’s "justice" concept. Buchanan argues that Marx’s communism is a kind of evaluation perspective beyond the framework of law. The Communist society is superior to the capitalist society, not because it achieves justice and right. Communist society, as the ideal living way of class extinction and the withering away of state, has no "justice environment", meaning do not need call on "justice" and "right". Therefore, it can be said that social justice and right is no longer a problem in communism. Thus, the communist society naturally becomes "non-legal right" society. This is fundamental position of Buchanan on evaluation perspective of Marxist communism.The fifth is Buchanan’s clarification on the perspective of non-legal evaluation of Marx’s "right" concept. Buchanan extracted five propositions via analyzing Marx’s discussion and analyzed the logical connotation of these five propositions, and accordingly, accomplished the analysis on Marx’s concept of right. According to Buchanan’s statement, Marx’s criticism on property right is not an attempt to use one kind of property right to replace another kind of property right. Marx was not using the concept of property right to criticize capitalist society, and was neither need property right as the basis to construct a new type of society. That is to say, Marx’s criticism is not a question about "property right". Criticism of private property right, is not to say that every individual should not use and dominate own private property, but to say that only under specific capitalist private ownership it is not reasonable for the combination of the private property right and the production mode.The conclusion of this paper is: Buchanan believes that Marx’s vision of a communist society is not an idea under the framework of law society, but a demise of class, demise of state, non- "justice environment" society, which no longer has justice problem. In Communist society, the basic character is "satisfaction of the non-twisted need", but the "non-twisted need" goes beyond the explanation principle of justice problem. For how to achieve this "satisfaction of the non-twisted need", Marx believes that it is necessary to reconstruct a new mode of production. Therefore, Buchanan denied that Marx is aiming the pursuit of justice to build an ideal society, but the pursuit of an ideal society where justice is no longer to be a problem.