Research On Marxism Law Thought Under The Theory Of Civil Society

The human beings have researched the relationship between civil society and law from the ancient Greece.Based on the real problems of the ancient city-state society.Some philosophers have discussed the relationship between the production,formation of the law and society organization form,such as Aristotle’s political science,Cicero’republic law,and so on.Until the medieval times,law depend on church,the whole society is controlled by the so-called mystery"God".AfterThe Renaissance,religious reform, Some philosophers began to concer the matter of the hunman problems of survival,suchas,Rock,Hobbes,Rousseau,Montesquieu.The hunman beings have talked about the production formation of the law,the relationship between law and social environment.Kant researched the general principles of the law by the critic of pure reason and practical reason,and on the basis of moral philosophy and on the core of people’freedom of the will.Hagel separates civil society from political state,he thinks the both are independent,law defines the freedom,the law is the concept of maximum from self-consciousness to the country and it rules the below civil society.the law there is dynamic，dialectical,motive,not static(Kant thinks the law is static),however,the motion is always the motion of the people’s will.Marx criticizes Hagel’theory about civil society in the "Critique of philosophy of law introduction",he thinks Hagel upside down the relationship between country and civil society,which is the exchange of subject-predicate,as Marx points out:"civil society determines country,not country determines civil society." Marx regards civil society as "birthplace and stage of the whole history",regards civil society as the basis of historical development of the human beings,civil society is a logical starting point of Marx researching historical materialism. There are some differences about civil society in the ancient and modern society. In the " The German Ideology",Marx defines civil society from the relationship between productivity and relations of production.He thinks "civil society is a kind of form of communication,which is restricted productivity and productivity restricts form of communication ",because Marx lives in the capitalist era,he thinks civil society is the society of commodity economy from the special forms of society. He regards civil society as economic foundation in the theory about civil society and he thinks that economic foundation depends on ideology and superstructure.the law results from civil society.practice activities of the law is also in the real civil society, civil society is the basis of establishing Marx’s idea of law.he thinks that the human beings should not explain the law from hunman spirit itself.We should explain the law from the real conomic life.The author arrange Marx’s idea of law from historical materialism and his theory about civil society.We can research Marx’idea of law from "Critique of philosophy of law","Economic and Philosophical Manuscript of1844","The German Ideology","Poverty of Philosophy" and "Manifesto of the Communist Party" The first part talks about basic content about Marx’s civil society theory.this part introduces theoretical origin, philosophy category,definition and features about Marx’s civil society,this part emphasizes the importance of civil society.The second part discusses the formation and development of the law on the basis of Marx’s civil society and points out citizen theory determines the law’s philosophical principle, the law results from civil society and reflects economic relationsan about civil society,the will of the state,and alao introduces forms,features in the different social morphologies.The third part researches the value of the law in the civil society theory.the part dicusses the rormation of the value of the law is the internal requirements of the development of civil society,analyze the the value of the law,freedom and equality are two important forms of value,which are determinned by civil society.The fourth part introduces the law’s interal mechanism on the basis of Marx’idea of law and modern theory of rule of law.The fifth part discusses the contemporary value of Marx’s civil society theory’s jurisprudence thoughts on the basis of the traditional legal idea,and its theoretical reference value to the legal system construction in our country.We will find that Marx and Engel don not divorce the existing civil society environment to discuss the law during the course of studying of Marx’s classic works.Owing to the material (citizen society),their law are scientific feasible and real,which are determined by their historical materialism. civil society theory make law have the basis of historical materialism.the whole jurisprudence thoughts is the reproduction of historical materialism.