Explore The Historical Materialism Foundation Of The Sociology Of Law

The Sociology of law since the last modern so-called "fashionable Learning". The Sociology of law placed the law in its social context, research the relationship between legal and other social factors, is the edge of disciplines. However, subject to the attribution of the Sociology of Law, there is a heated debate between the Law and Sociology, all want to the sociology of law vested in their own disciplines. This article does not want to be involved in this debate, hope standing on the basis of more objective to build a scientific sociology of law in line with the historical nature of the fundamentals, the basic theory of origin. The scientific study of sociology of law will help people from the community-based concept of historical materialism proceed, understanding the social basis of law and social role and rational use of the law to solve social problems. In this paper, the complicated sociological theories of law, through deep thinking of the classical authors of Marxism in the ideological thesis of the Sociology of Law of the carding system and research, firmly believes that the basis of historical materialism is the theoretical origin of the Sociology of Law and methodological basis.This paper is divided into five parts.The first part, Ideological Origins of the Sociology of Law and theoretical basis. The Sociology of law as a discipline is bound to have its ideological origins and theoretical foundation is bound to the root of the great civilizations implanted into the human mind is thinking pass from generation to generation and innovation. First of all, based on historical evolution of this three-phase Analysis of the various stages of the ideological core of thinkers discussed in the Sociology of Law, and explore their ideological roots. The first phase, a brief analysis of the ancient Greece the first sociology of law and the origin of ideas germinating statements. The second phase, through the long Middle Ages, influenced by Enlightenment rationality focuses primarily on the originator of the Enlightenment thinker Montesquieu's idea of sociology theory, at this point, put the law into social factors in system analysis and research more scientificly,the sociology of law theory was builded. The third phase, victory of modern natural science,the prevalence of tools, the capitalist era, a variety of sociology of law theory springing up like the rise of bamboo shoots ,makes it an abundance. Second, the Sociology of Law Construction of the value of rationality and freedom-oriented, rational and free spirit of the law to cultivate social orientation, abandoned the divine aspirations for the social roots of the law. the trend gradually emerging sociology of law beginning in the right historical materialism theory in the direction of line.The second part, Historical materialism and sociology of law trajectory of history and logic thinking. Thought's speech lines must be the unity of history and logic, Marx and historical materialism and sociology of law also put into practice the idea of this principle. In this paper, three periods of relative course of Marx's ideas. First, the germinating period. In the spirit of the Enlightenment, the young students of Marxism-bud ideal society of freedom concept, convinced that freedom is a social creed, freedom is the people's Bible. Secondly, under the guidance of Hegel's rational state, re-baptism of their thinking process, devout Hegelian method of thinking rationalism. Finally, the experience of the social realities and political life of practice, and for the material interests of the confusion, the explore on the nature of the special interests, Marx began to realize that the nature of the capitalist law of private classes, recognizing that law is a manifestation of class interests, is inequality, not impartial source. Through "the debate on the tree Theft Act," "Draft Law on Divorce", "District Rural Reform and the" Cologne Journal " and other political commentators of the article on the laws of an extremely violently attacked and began looking at the societal Interpretation of the law, ratherthan resorting to a rational concept of the state.The third part, Historical materialism and sociology of law derived from the critical path of thinking. What is the relationship objectively of the law ? Marx discarded Hegel's, the theoretical basis on the establishment of a civil society, the state's arguments. criticed Feuerbach's,beyond Human-materialist theory, the materialism, from the natural world extended to the field of social history. By Hegel and Feuerbach's criticism and discarded, in theory, laid the basis for his theory.The fourth part, The theory of historical materialism, the core ideas of sociology of law. Marx laid the foundation stone of its scope of broad sociological ideas, mainly through the core for three theories constructed. First, the critical theory of alienation of labor, beyond the traditional alienation of the capitalist political economy had a profound criticism, so that the labor theory of alienation, in essence, distillation. Second, the fundamental practice of revolutionary point of view, the correct interpretation of the sum of man's social nature of the relationship attributes, people, in essence, is practice. Finally, the establishment of historical between social structures, the correct legal right that the interests of the philosophy of the nature of property, Methods of interests with the objective of class and social structure of capitalist class, pointing out that basic social contradictions of the movement is the fundamental law of social development of the endogenous motivation and social development, with a regularity.The fifth part, sociology of law ideology and methodology of historical materialism. History of the principle of dialectical materialism is the methodological principle that the Marxist world outlook and research methodology. By Marx's scientific method and the value of empirical methods, abstract and concrete methods to analyze an integrated approach to history and logic of consistent methods to show Marx's sociology of law thought the unity of the world outlook and methodology.