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Discussion On The Value Of The Research Methods Of School Of Social Law For The Development Of Marxist Law

Posted on:2013-11-07Degree:MasterType:Thesis
Country:ChinaCandidate:Z X LiuFull Text:PDF
GTID:2246330374955111Subject:Scientific Socialism and the international communist movement
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There has been more than one hundred year from the day of the Marxist Law’s birth. The Marxist Law is an important part of Marxism Theory,which originates from Marx and.Engels’ knowledge about economy, politics, society,and it explains the Law’s essence and effect from the outlook of historical materialism.The research methods of the Marxist Law have had guiding significance for the socialist revolution and socialist construction since then.The research methods of the Marxist Law exerts important function in Chinese socialist construction,but the traditional Marxist Law gradually decreased after Reform and Opening,the law research fell into the utilitarianism and the pragmatism, the School of Hermeneutics which focused on explaining the law articles became a centre.But this independent research inevitably leaded to the metaphysics in law, the law study in china separated from other subjects, and its theories always weakened, and the legal practice also became difficult before the rapid development of the social condition, and the relative judicial system was difficult to break through for the weakness of guidance of sociology and economics.Therefore, the School of Social Law which featureed in studying social law came into being in the1990’s. This method removed the disadvantages of the School of Hermeneutics, and its core methodology was consistent with the research methods of the traditional Marxist Law, and it was based on the innovation and development of Marxism Theory. But now the law circle and the Marxism Theory circle have not understood the relation between them, and the traditional Marxist Law has always been decreased, but the School of Social Law is gradually powerful, and it will be the expected centre.This paper firstly analyze reasons for Marxist Law not breaking through, and the School of Social Law can solve it. Secondly, the School of Social Law is compared with the research methods of the traditional Marxist Law——the concrete method and the theoretical content, and this paper refine the viewpoint,that is,the School of Social Law inherit,develop and reform the traditional Marxist Law. Finally, this article prospect the School of Social Law, and expect the Marxist Law can anew have value by the School of Social Law.
Keywords/Search Tags:the Marxist Law, the research methods of the Marxist Law, the social law, thelaw dilemma
PDF Full Text Request
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