Marx’s Legal Philosophical Critique Of The German Historical School Of Law

In the development process legal philosophy of Marx, his main criticism of legalphilosophy twice against the two dominant genre of western philosophy in the19th century:The first is based on the Hugo, Savigny as the representative of the German historical schoolof law, and then based on the Hegelian German philosophical school of law. Germanhistorical school of law is the longest time occupy the mainstream in the19th century. Marxwas formerly under the tutelage of Savigny learning Roman law, the school is veryunderstanding, which makes Marx expand the criticism of the first German historical schoolof law.Taken a different stance: Marx’s previous criticism of the German historical school oflaw in1837and1842, he was standing on the position of the classical school of natural lawand philosophy of law school criticism, and criticism in1843, he showing one with theFeuerbach humanism and some law sociology color "transitional period stand". To criticizethe German historical school of law in1845, Marx has established a philosophical standpointof historical materialism and practical materialism law.Marx critical of the German historical school of law can be divided into two levels: first,Marx from three angles of the possession of the private law, marriage law and legislation thebasic viewpoints of Hugo and Savigny critical. Second, Marx’s critique of the philosophicalfoundation of the German historical school of law, drawn a line with Hugo and Savignyadvocate skepticism, positivism, historicism, romanticism and conservatism fivephilosophical thoughts.Look at from the context of development of the legal philosophy of Marx, legalphilosophy of the German historical school of law critical experienced from reflection totheoretical critique to the critique of reality, and ultimately reach the "change the world". Bycriticism of the German historical school of law in1845, Marx awakened revolutionaryconsciousness of ordinary people, reflect the essence of the Marx philosophy of practice, andthat "all the problems that the existing world revolutionizing actually oppose and changeexisting things".Legal philosophy of Marx and west legal philosophy relations, some western scholarsdeny the existence of legal philosophy of Marx, some domestic scholars are often excludedfrom the legal philosophy of Marx outside the history of western philosophy, so we need to take an objective attitude to clarify the relationship between them, and legal philosophy ofMarx be restored to the history of western legal philosophy.Marx’s criticized the German historical school of law, we should not only see thenegative side of their views, but also recognize the positive role played by the school in thehistory of western philosophy.