Analysis On Gramsci's Philosophy Of Law

Philosophy of law is an insufficient part in the study of Western Marxism,therefore,the exploration and analysis of the western philosophy of Marx's law as the representative of Gramsci,helps us to form a more comprehensive understanding about Western Marxism.Gramsci's philosophy of law has inherited the spirit of Marx's critique,and the criticism is pointing to the western bourgeois philosophy of law,aslo point to "simple class theory" and the theory of "rough economic determinism" philosophy.Gramsci's philosophy of law is embodied in his practical philosophy,especially the theory of ideological hegemony and the theory of superstructure.The first part of the thesis expounds the general understanding and orientation of the theoretical background of the Gramsci's philosophy of law and the Western Marxism's philosophy of law.Gramsci's philosophy of law related thoughts is the practice of organic components in philosophy,practical philosophy at the beginning of twentieth Century to the western Marx's new vision,the same,the western Marx doctrine is from a new perspective which is different from the western is different from the traditional Marx to interpret the philosophy of law.Gramsci's philosophy of law is of great value not only in the study of structuralist Marx doctrine,but also in the relevant theories and theories of the Frankfurt school,so it has special significance in Western Marx's philosophy of law.The second part of the thesis expounds the legal philosophy content of Gramsci's three basic problems: the legitimacy of law,the dispute between natural law and empirical law,the division of public law and private law from a specific point of view.Gramsci believes that the legitimacy of the law comes not only from the social contract,but not only from the force,but also from the ideological hegemony.With the practical theory of necessity,Gramsci surpassed the value dispute of the natural law of "deserved nature" and the positive method of "reality".Gramsci's superstructure theory reveals the relationship between public and private from a new perspective,and gives a new interpretation of the dilemma of public law and privatelaw in traditional division.The third part of the thesis systematically expounds the significance of Gramsci's philosophy of law and Its Contemporary Enlightenment.Gramsci's philosophy of law enriched and developed Marx's theory of legal philosophy in the aspects of ideology and law,state and law,and its legal dualism played a bridge role in communicating Marx's theory with western legal philosophy.Gramsci's philosophy of law has been influenced and accompanied by the development of Marx's theory and research abroad.Gramsci's philosophy of law is of great significance to the construction of socialist rule of law in contemporary China,no matter in methodology or content.