The Creation Of Marxist Philosophy Of Law And It Overthrows Modern Philosophy Of Rights

Its system of modern rights such as freedom and equality was established in the spectrum of civil society and political emancipation.Therefore,its discussion on modern rights was divorced from reality–the economic base and social relationship.So modern philosophy of rights,by nature,is metaphysical. Marx criticized modern philosophy of rights, downright overthrowed modern philosophy of rights by Social Existence Theory,and formed Marxist philosophy of law.This thesis will discuss and study the Marx's subversion of the modern philosophy of rights from three aspects. Firstly,read and explain all kinds of the concepts of philosophy of law. First of all, introduced a word——philosophy of law spreading process; Next, through Hegel, Giorgio Del Vecchio, Gustav Radbruch, Arthur Kaufmann, Edgar Bodenheimer , Gong Pixiang, Shen Zongling and the Ge Hongyi etc. gives the law philosophy the definition analysis, was clear has limited the law philosophy concept, the analysis clear law philosophy and the jurisprudence difference..Secondly, produce and development of the modern philosophy of rights. First of all, elaborated the modern law philosophy emerges the reason, namely the ancient times and the ??le ages natural law philosophy has provided the thought nourishment as well as historical and the cultural condition function then. Next, the system introduced and has appraised standard classical natural philosophy of law of Hugo Grotius, Thomas Hobbes,John Loeke,Montesquieu,Rousseau, and classical Germanic philosophy of law of Kant,Hegle , this to elaborate Marx's law philosophy revolution to make the upholstery; At last,the great change of philosophy of law--- Marx's revolution of PhilosoPhy of Law. First, elaborated the Marxism law philosophy theory forming process, namely Marx early time law philosophy view, materialism law philosophy view preliminary establishment, Marxism law philosophy further development, Marxism law philosophy final formation; Next, elaborated the Marxism law philosophy to the modern law philosophy theory critique, namely uses"the social being decision social consciousness"the principle, uses"the residential society is national and the law foundation"the principle as well as the historical principle which contains with the social being theory carries on the critique to the modern law philosophy. Finally, elaborated the Marxism law philosophy critique theory practical significance, pointed out that must in the present stage production method foundation know the modern legal jurisdiction, the present stage need to acknowledge the modern legal jurisdiction the value, but cannot imitate west's pattern as well as must establish each kind of legal jurisdiction form, and develops the productive forces vigorously.