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Marxism Legal Thought Under The Guidance Of Philosophy Of History

Posted on:2013-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:C Q LiFull Text:PDF
GTID:2256330395988155Subject:Legal theory
Abstract/Summary:PDF Full Text Request
This paper takes the relationship between history theory and legal theory fromThe German Ideology as the research object. German Ideology was an importantwatershed of intellectual history: it not only meant Marx’s total liquidation to hisyouth question, but also meant the Marxism’s true birth. The reason is that it hasestablished a new theoretical paradigm-historical materialism. And, Marx and Engelsuse it to legal issues and philosophy of law, which found the real sense of legalthought and method of Marxist philosophy as well as complete a legal philosophyrevolution. Marxism is a set of "general" theory, which is the first phase of historicalmaterialism. Historical materialism is the overall and total answer to the human world.So, legal propositions (such as "economic determinism","law reflecting the rulingclass purpose" and "the ideas of withering away of law") switched off GermanIdeology is firmly upon the macro theory of historical materialism, which are notisolated. Therefore, at present the critical work is to restore the reality of therelationship between historical materialism and legal thought under its guidance. Andput legal proposition regarded as a conclusion from researcher’s perspective back tothe general basic theory. This is a try for this paper.As a "general" theory of historical materialism, it appears in front of the worldbased on historical theory and historical narrative. Also, legal philosophy theory ofGerman Ideology is represented to expound history theory of law and narrating theprocess of law. Consequent on problems, why German Ideology use history theoriesof law to illustrate the core issue of the philosophy of law, that is, thinking andquestioning the essence of law? What the reality of this theory and process? And whatdoes that mean?In addition to the introduction and conclusion, this paper consists of fivechapters:Chapter I, through the reviewing of western history of philosophy of law and thedevelopment process of Marx’s thought to explore the intellectual history origin of"the history standard theory" set up by Marx and Engels. Westerners thinking about the problems of philosophy and political philosophy rely on a basic problem, namelythe fundamental relationship between nature and history. Different answers for therelationship between nature and history are the key to what western philosophy of lawand political philosophy have discussed. Since Machiavelli, modern western politicalphilosophy has started the great course of "conquering chance". Its essence is historyreplaces nature, which becomes the fundamental field for human world. Therefore,"the history standard theory" established by the historical materialism is not theoriginal creation for Marx and Engels" out of thin air". It is the continuation of themodern western political philosophy. And, the reason for them establishing the theoryis their consciousness to the final destination of human society.Chapter II, thorough unscrambling the text is to explore the specific logic of"history standard theory" from German Ideology. In this book, nature and history isunited by the historical materialism which was thought to be split, and the unifiedactually is history absorbing nature. This can be the preliminary solutions to why thebook refers history as the only field to the human world, and why it regards history asa fundamental and general problem to human world and basic problem to the essenceand legitimacy of law.Chapter III, based on the confirmation of "the history standard theory", it pointsout that both right and law are subject to the law of history, and it also points out thatthere are two forms of the law of history. In the context of historical materialism, thetraditional relationship between right and law has been broken, and both of them hasbeen proved as secondary man-made rule. The true senior law can only be the law ofhistory. However, in the theory of historical materialism,"what is the law of history?"It is a very complex problem. For it involves the internal tension of historicalmaterialism. It is this internal tension that produces the important division to "thepre-history" and "the real history", i.e.,"the law of history in the pre-history" and"macro law of history".Chapter IV, this chapter discusses the law of history in the prehistory, theirproperties of right and law in the prehistory, and the relationship between the abovetwo. Through the investigation of this historical stage, the paper will point out the history process of "the prehistory", is the deviation of the fundamental purpose ofmacro historical law. The right and law in reality are in accordance with this uniquehistorical direction, which goes to the opposite of the final purpose of the history.Chapter V, based on "the real history" and "macro historical law", this chapterwill explore the final direction of the historical lives of right and law. The uniquedevelopment logic of prehistory is the alienation on macro historical law, but it in asense is with the macro historical law. History is a constant progress to achieve theultimate purpose of the process, and human beings can go into the real history andachieve the complete freedom through the time of the heaviest enslavement. At thesame time, this kind of leap from prehistory to the real history also means thewithering of right and law in reality.Therefore, in the real history, the relationshipbetween law and the law of history is focused on the problem of "the theory onwithering away of law". However, it doesn’t mean that right and law are thoroughlycancelled. It is the involution of their authenticity.Finally, this paper will make conclusions to the essence and significance of "thehistory standard theory", the two forms of the law of history and mutual relationship,and the historical process of right and law in reality, and make a clear understandingof the relationship between law and the law of the history from German Ideology.Thus finally answer to the truth and significance of the legal philosophy theory fromGerman Ideology elucidated by the history theory and the way of historical narrative.
Keywords/Search Tags:German Ideology, Historical Materialism, History Standard Theory, The Law of History, Economic Determinism, The Ideas of Class Will of Law, The Ideas of Withering Away of Law, Freedom
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