Researching Into The Problem Of Right In Marxism Philosophy Of Law

Marxist theory which is extensive and profound involves many social respects such as economic, political, cultural fields and so on. Marxists, assimilating the thought quintessence of famous philosophers in modern times critically, set up their own edifice of theories based on practice. Marx has not a treatise for the theory on philosophy of law, but there is architecture and a wealth of ideas of philosophy of law which logically exists in his grand theoretical system. Marxism philosophy of law is an important part of this edifice of theories. Though Marxist did not give a systematic elaboration of right which is an important category of philosophy of law, they profoundly expounded the essence and social status of right, the relationship between right and material production. In the basis of their analysis and animadversion on the views of the earlier ideologists, the classical authors of Marxism explained their views of right by the method of dialectical materialism and historical materialism. From the perspective of Marxism philosophy of law, the phenomenon of right which serves for a certain economic basis is historical and detailed, not gifted or abstract. The right is determined by the level of material production and derived from the material production relations; it is influenced by the cultural structure including the culture and structure of right on some extent. Based on emphasis on internal consistency of personal interests and that of the collective, Marxism philosophy of law adheres to the principle that right and obligation should be attached equal importance to. The categories of right and power, the foundation of constitutionalism, are both essential in research of the philosophy of law. Marx, adopting Hegel's reasonable ideas of residential society and innovating in its unreasonable parts, pointed out: civil law is the law of residential society; civil law is the law of right. After studying by Marxism classic works such as Critique of Hegel's Philosophy of Right, Capital and elaborating and analyzing the theory on categories of right, freedom, equality, justice and order, the thesis believes that China is energetically developing social market economy which requires the spirit of right, equality etc. The development of the market economy requires civil law with the value-orientation of right. This is the logical conclusion of applying Marxism theory to explore the right orientation in civil law.The thesis begins with the origin of Marxism philosophy and the Definition of the right, and then analyzes the theory of right in Marxism philosophy of law, meanwhile reviews other representative philosophers' theory on right; further explores the value-orientation of right in civil law in the view of Marxism theory on right. The above statements are the main problems and views of this thesis which consists of introduction, the first part, the second part, the third part and conclusion.The introduction outlines the background, the theoretical value and the practical significance of this project, points out: The thesis aims to reach the source and the value of right from the view of Marxism philosophy of law and analyzes the relationship among the categories of right, residential society, obligation and power etc. The thesis intends to review the theory on right of non-Marxism classic philosophers and finally proposes that Marxism theory on right can be used to guide the value-orientation of civil law.The first part firstly dates back to the theoretical background of Marxism philosophy of law and point out what is Marxism philosophy of law. Mature system of philosophy of law was produced by nature law, afterwards the classical philosophical law based on freedom in Germany developed the philosophy of law, Kant and Hegel represented the crowning theory achievement in western countries before Marxists. Marxism philosophy of law is a kind of critical philosophy about metaphysics of law. Secondly, this part gives a definition of "right" from Marxism philosophy of law and explores three forms of the concept "right", the basic job help knowing and understanding Marxist view of right.The second part philosophizes about the right theory from the view of Marxism philosophy of law. Firstly this part analyzes the right from its source and social existence. According to the viewpoint of historical materialism, Marx thinks right, as one kind of social relations among human beings, belongs to superstructure which serves for a certain economic basis. There are profound and internal relations among the concept of right, law and residential society. The category of right is closely related to freedom, justice and order. The analysis of relationship among them will help understand Marx's theory of right. Secondly, this part reviews the theory on law philosophy of right of non-Marxism classic philosophers. Hobbes, Locke, Rousseau, Kant and Hegel found their own systems of philosophy of right in different ways. Their theories made indelible contribution to the development of the philosophy of right, but their theories also have many limitations. Marxism philosophy of law which is the innovation in the history of development of the philosophy of law has essential differences with the theories of right in modern times.The third part focuses on the guiding significance of Marxism law philosophy of right to civil law and the promotion of the Scientific Outlook on Development. Firstly, the part analyzes the status of right in our civil law which refers to the power, equality and just etc. Secondly, the thesis believes that the proposal of Scientific Outlook on Development promotes the development of civil law and creation of civil code, people-centered philosophy of right declares more clearly that China's civil law should take the spirit of right as its value-orientation.The concluding part gives a neat summary of the thesis and confirms that Marxism law philosophy of right which is dialectical materialist and historical materialist is scientific. The thesis proceeds to believe in a sense that people-centered philosophy of right is presentation of right theory in new era. Based on this knowledge, the thesis integrates theory with practice, thereby puts forward some simple proposals for the China's civil code.