An Analysis Of The Interest View Of Marx And Engels Law

The relationship between law and interest is a fundamental issue in the fields of legal research.The view of law and interest points to the understanding of the relationship between law and interest,which is the core of the view of law and interests,although it is also about the content of law and the content of law and interest.Marx and Engels' thought on the relationship between law and interest is an important part of Marxist legal theory.Interest is the concentrated expression of social relations,and the adjustment of social relations by law is mainly realized through the recognition,regulation and control of certain relation of interest,which affects people's behavior.Based on the classic works of Marx and Engels,This article analyzes Marx and Engels' thoughts on the relationship between law and interest from the perspective of ideological history,trying to clarify the origin,development process and evolution logic of the law and interest view of Marx and Engels,explaining the ideological basis and scientific and value connotation of the law and interest view of Marx and Engels,and summarizing the basic content of the law and interest view of Marx and Engels,to analyze its important era significance.Finally,in combination with the practice of contemporary Chinese rule of law,this article focus on the theoretical guiding value of Marx and Engels' view of law and interest.The identification and interpretation of core concepts can help to determine the scope of the study and provide the necessary basic knowledge.The meaning of "interest" has been endowed with abundant connotations in the development of Chinese and Western societies.Synthesizing various theories on the definition of interests,this article considers that interest meets or maintains people's needs for survival and development with specific social conditions or social relations,and has the basic characteristics of subjectivity,objectivity and social history.The view of interest refers to the opinions,ideologies or theoretical forms of interests formed by people based on social practice.Marx and Engels' s view of interest closely matches historical materialism,emphasizing the fundamental position of interest in people's social life and historical development,and pointing out that the value goal of interest development is to achieve a highly harmonious unity of personal and common interests.The proletariat and its party's interests stand for the benefit of the vast majority.Prior to Marx and Engels' thoughts,people's understanding of the relationship between law and interests can be roughly divided into holistic legal interest views and individualistic legal interest views.In modern western times,classical natural jurisprudence,classical utilitarianism,utopian socialist jurisprudence,and German philosophical jurisprudence represented by Hegel conducted useful explorations around the issue of law and interest,and accumulated relatively rich theoretical resources,which provided ideological conditions for Marx and Engels to form a scientific view of law and interest.Classical natural jurisprudence emphasizes human reason and value,insisting on knowing of law from the perspective of man rather than natural reason or God.For example,Hobbs focuses on explaining the personal behavior and building the epistemological basis of political and legal systems from individual interests,emphasizing that the essence of natural law is to preserve the interests of individual life,while the primary goal of national law is to protect and safeguard people's peace and security.Rousseau argued that the public interest or common interest is the core of the law and public will,believing that only when the law fully embodies the public intention,people obey the law is to obey themselves,and then human freedom of law and social will be realized.Classical utilitarianism criticized the transcendental presuppositions and abstract inferences of modern natural law theory,further pushed the understanding of law and interest and their interrelationships into the human empirical world.Utopian socialists are committed to expose and criticize the conflicts of interest of the capitalist society,as well as the oppression,hypocrisy,and the essence of the capitalist law,and depict many beautiful ideas for the legal system of the ideal society in the future.Hegel's theoretical contribution is to emphasize that modern civil society is a social combination formed by independent individuals because of mutual needs,interests relation become the link of social union.He also revealed the contradictory relationships between individual and individual interests,between individual interests and public interests with a dialectical methodology,and proposed that overcoming and resolving these conflicts of interests needs the help of the state which is considered as the absolute spirit,and the law representing reason.However,these people are stuck in the abstract rational spirit,the abstract theory of human nature,or the idealist historical view,which is the reason why they cannot form a scientific understanding of the relationship between law and interests.Marx and Engels' view of legal and interest is the result of the critical inheritance and development of the predecessor's law and interest thought.Marx and Engels' view of law and interest has experienced the evolution process of formation,development and deepening.In this long-term exploration process,Marx and Engels have continuously enriched and developed the content of the view of law and interest.The understanding and analysis of Marx and Engels' view of law and interest should follow the principle of integrity which requires that the relevant expositions on the relationship between law and interest should be examined and interpreted in a specific social background,ideological development process,and a comprehensive context of realistic concerns,so as to grasp the ideological viewpoints and inner logic of the view of law and interest from Marx and Engels.Taking the major changes in the development of Marx and Engels 'ideology and the establishment and development of historical materialism as the basic criteria,the development process the view of law and interest of Marx and Engels can be roughly divided into three periods,which are the formation period(1835-1848),the period of development and deepening(1848-1883),the period of Engels' expansion in his later years(1883-1895).Law and interest closely related to human being.How to understand people is the logical basis of how to look at laws,interest,and their relationships.The theory of "Realistic People" is an important basis for the theoretical logic of historical materialism,and is also the fundamental foundation of the view of law and interest by Marx and Engels that transcends the modern abstract view of human nature.For the basic content,Marx and Engels' view of law and interest includes analyzing the dialectical relationship between law and interest,focusing on examining the relationship between the class' s interest and law,proposing that law should be a manifestation of the common interests and needs of society,and exploring the system for the full realization of everyone's interests.The contemporary significance of Marx and Engels' view of law and interest includes the theoretical critique of modern metaphysical legal philosophy,the realistic critique of the capitalist legal system,the experience summary and theoretical guidance for the construction of a future social legal system that meets the fundamental interests of the people.The view of Law and interest by Marx and Engels has important guiding significance for the construction of China's contemporary rule of law.First,we must adhere to the idea of the rule of law centered on the interests of the people.This is the insistence and development of the Marxist idea of the people's subject in the field of the rule of law.The connotation of the concept of the rule of law centered on the interests of the people emphasizes that the subject of the rule of law is the people,and the goal of the rule of law is to realize the people's interests by comprehensively promoting the rule of law that is the basic way to protect and realize the interests of the people.The practice need requires improving the quality and effectiveness of legislation,focusing on the implementation of the law,and further promoting the construction of the culture of rule of law.Second,the social ideal of Marxism is to finally achieve the goal of human liberation.Marx and Engels' view of law and interest includes the dual meaning of science and value.The construction of the rule of law must deepen the foundation of common interests,highlight the orientation of common interests,improve the level of legal protection of human rights,and strive to promote the all-round development of human beings.The method of starting from empirical facts,adopting typical analysis,investigating from history and persisting in practice contained in the view of law and interest of Marx and Engels,provides methodological guidance for us to understand social legal phenomena and promote the construction of the rule of law in China.