Special Planning: Philosophy of Chinese and Western Malaysia -Ideological Tradition and Contemporary Explanation
November 15, 2019 08:53 Source: "China Social Sciences", November 15, 2019, Issue 1816, author:

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Marxist law philosophy is a legal doctrine developed based on the legal ideas of Marxism and Engels,It is an integral part of the Marxist theoretical system。Marxist law philosophy is a legal doctrine formed by the method of historical materialism and the basic issues of legalism。​​The emergence of the philosophy of Marxism has brought about fundamental changes to the philosophy of law。Time in Marx,The philosophy of idealism of idealism occupies a dominant position。Marx's teacher Savini proposed the national spirit of the law,I believe that law exists in national consciousness。Deeply influenced Marx's German philosopher Hegel thinks,"The base of the law is generally a spiritual thing,Its closer position and starting point are will "。Rousseau thinks,"The law is just a public announcement"。The law enforcementist Bian Qin, which is mentioned many times in Marx's works, claims the law of the law for law。The common thing about the philosophy of idealism is to treat the will as the essence of law。The philosophy of Marxist law,Taking the will as the essence of law is an illusion,bet365 Play online games This is the fantasy of the legalist's upside down。Marx and Engels founded the philosophy of materialist law。Historical materialism provides methodology for the philosophy of Marxism、This body theory、Basis of value theory and epistemology。Whether to adhere to historical materialism is the evaluation standard of judging the philosophy of Marxism and non -Marxist legal philosophy。  

  The value of the era of early legal philosophy of Marx 

Starting from the first half of the 20th century,The international academic circles continue to pay special attention to the early thoughts of Marx,Especially Karl Marx/Friedrich Engels Gesamtausgabe,referred to as mega2) After publishing and distribution,A large number of early texts of Marx were discovered and published,The research on Marx's early thoughts has set off a wave。Mega2 Published all the preferences of all the writings of Marx before his lifetime,Even the use of the word and punctuation method of reappearing the original manuscript,Even some scholars call,MEGA2, which is "published by Marx's original manuscript" is the most reliable basis for the most accurate statistics of Marx's writing,Marx, which is re -discovered on the basis of this,is the "real Marx"。

  The realistic basis of Marx's "Hegel French Philosophy Criticism"   

The key presentation of the quality of the country's construction quality,National order Bet365 lotto review scene contains the two -layer category of the order and the actual situation of order,It is process and result、Evaluate the superposition of subjectivity and practical objectivity。It reflects that "Livatin" gets the institutionalization and psychological ability of "civilization" in the life world,It is important for the modernization of national governance。But,The selection of national order map and the selection of national governance structure,and accompanied by the continuous adjustment of the national construction path, it presents differences。In this,Existing future or sanctivity or uncertainty。For this,You need to have more detailed theoretical thinking and practical guidance in the new background of continuous development。

  Exploring the Judge of Ancient Chinese Law 

The high -dimensional tradition in the field of law is not an objective reality waiting for discovery,It should be summarized on the basis of in -depth research、Reflected。This requires us to keep the open mind,In -depth study of Chinese and Western classics,combined with the current problem consciousness,In the comparison of various ideas and concepts,Creative conversion of ancient Chinese law。

  Research on the Chinese traditional law philosophy

The Chinese traditional law philosophy in this article,It is a systematic expression obtained by creative transformation of classical method。Chinese traditional law philosophy bet365 live casino games research,That is, the academic work expressed by the systematic expression through creative transformation of the classical method。This job is different from the history of the so -called legal thought、History Sociology、New Scripture, etc.,With unique concerns and methods。

  Traditional "paradox" and it overcome 

"Tradition" roughly refers to a belief that a community holds stable during a historical period、Active behavior and common behavior。Most of the time,The survival and changes of "traditional" are more of the results of internal members of the community or the result of the so -called "self -spontaneous order"。Many times,The state does not need to take special actions in the face of such changes in this type of tradition,Just stand by with sleeves,For example, diet flavor。But,If tradition is related to law,The problem looks more acute and difficult to avoid。

  Law and State 

Hart has sorted out the basic questions of law philosophy in his book "Concept of Law"。The relationship between the law with the command (or forced)、The relationship between the law and morality and the relationship between the law and the rules are regarded as the three long -lasting problems in the history of the philosophy of law。Of course,This sorting of Hart is just right in a sense,Especially in terms of the nature of the law and the development of more than 200 years of legal science, this is the case。but,If we place Bet365 lotto review our eyes to a wider field,and pull the time to a longer -distance age,A more magnificent and core problem will emerge。This problem not only involves thinking about the nature of the law,also involved the position and role of law in the entire human public activities,They dominate our general thinking about the law,This is the problem of the relationship between the law and the country。or,If the concept of "country" is a relatively late and modern concept,So this question is concerned about the relationship between law and politics。This is also explained in a sense,Thinking about the law (that is, the "legal philosophy" in the usual sense) why it is impossible to be separated from relevant political and moral thinking (that is, "political philosophy")。 

  Invention of subjective rights 

We live in an era with prosperity of rights。Although not everyone knows the origin of the concept of rights,Resort of rights has become the normal life of many people。If you don’t want to talk about your rights unknown,We have to figure out its ins and out。Research its origin,The term "rights" we use today comes from the translation and creation of English "Right"。1960s,W.A. P. Martin (W.A. P. Martin) in the United States translated the concept of "rights" and "rights" in translation of "Public Law" and "Public Law"。Such translation activities not only fades the traditional meaning bet365 Play online games of "power and goods" of the word "right",It has also shaped people’s concept of modern rights,starting to understand the right as a thing that can be possessed and enjoyed by individuals。

  Evolution of the basic issues of contemporary British and American philosophy 

Since the reform and opening up,There is a more obvious characteristic of law research in my country,That is the law of the department to follow Germany,The Master of theoretical Law British and American。Sort out the evolution of contemporary British and American philosophy,Refine its basic problems,It is an important task in front of the theoretical law workers in my country。There is a clearer starting point for contemporary British and American law philosophy,That is, Hart published in 1961 "Concept of Law"。This book systematically cleans up the legal philosophy tradition since Austin,and established the basic form of contemporary legal research。After published in Devkin's famous "Rules Model I" (1965),The legal empirical camp represented by Hart launched a long argument with Devin,The context of contemporary British and American philosophy can almost be attributed to the label "Hart -Devkin's dispute"。

Editor in charge: Changchang
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