Sun Guodong: The "legal steering" of contemporary Western Marxism
May 30, 2019 09:19 Source: "China Social Sciences" May 30, 2019 Total No. 1703 Author: Sun Guodong

After the death of Engels,Foreign Marxism is mainly politically developing along three ways of development: the second international amendment development of Bernstean theory as a democratic socialism,It actually abandoned the basic principles of Marxism in many aspects; Soviet Marxism with Leninism as the starting point,strives to go out of a new way to "orientalization" Marxism; based on the theory of Rosa Luxembourg between the two,Ekach、Western Marxism developed for the founders for the founders。Therefore,Western Marxism has been separated from the Soviet Marxism on the ideological route since the date of its hair.,Even the theoretical pursuit of surpassing its ideological limitations as its own theory。

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Confrontation between Western Marxism and Soviet Marxism,In the debate between Rosa Luxembourg and Lenin's form of socialist power organization,In the beginning of the beginning。That time,Rosa Luxembourg criticized Lenin and Trotsky "to cancel the democratic system itself,It's worse than the patients they plan to heal "。Therefore,Western Marxism with Rosa Luxembourg as one of the sources of thought,One theoretical pursuit in politics,It is trying to explore a form of socialist democracy that can surpass the dictatorship of the proletariat。Its basic ideological position,It is roughly a "internal critical" position that follows the logic of modern bet365 Play online games political civilization。Just like the representative of Western Marxism、Frankfurt School's first generation leader Hawkheimer pointed out,"It should be announced publicly,A suspicious democratic system even with defects,It is always better than our autocratic dictatorship that will inevitably generate today's revolution。"" adapts to this "internal critical" position,"Democracy" has become the political value of Western Marxists' determination to defend; correspondingly,Exploring the socialist democratic form that exceeds both the dictatorship of the proletariat and surpassed the bourgeoisie of the bourgeoisie,It becomes one of their theoretical pursuit。

Since the 1980s,Based on the theory of communication operations by the Frankfurt School's second -generation leader Habermas,Many political theorists with Marxist background participating in the "Deliberatate Democracy" theory formed by the participation,To a large extent, it is a significant contribution to Western Marxism to modern democratic theory -although many other political theorists (such as Raers, such as Raers) with many non -Marxist backgrounds are also the rise of the theory of "reviewing democracy" theory Make an important theoretical contribution。From the perspective of the theory,In addition to the "periodic appearance" of the people ensured by the election democracy,By reviewing democracy to ensure the people's "normal appearance",Inheritance of (Rousseau) left -wing radical democratic tradition,It also largely expands the institutionalized form of modern democracy。

bet365 Play online games Rosa Luxembourg -style "internal critical" position with improved colors,The maximum criticism faced under the conditions,It is what Lucari said "The principle of using the future stage of the revolution is opposite to the current requirements"。This means,Western Marxism attempts to reconcile the dictatorship of the proletariat with modern political civilization,At that time, it was running counter to the revolutionary mission of the proletarian party as the revolutionary party.。But,As the proletariat party shifts from the Revolutionary Party to the ruling party,The specific form of the dictatorship of the proletariat of the revolutionary stage into a socialist regime organization form that meets the requirements of modern political civilization,It has greater historical rationality and political necessity。Knowledge of this historical rationality and political necessity,It is more vividly reflected in the academic consciousness of Western Marxism after "Su Dong's drama",and the "legal steering" formed by their emphasis on "Rule of Law" is reflected in the "Rule of Law"。

"Law Steering" of Contemporary Western Marxism,Generally produced in two mutually promoted historical opportunities。

  The importance of "rule of law" to socialism

More and more Western Marxists have begun to understand the importance of "rule of law" to socialism。

Carl Popper's reflection on the Soviet mode,To a large extent, the reason why contemporary Western Marxists begin to pay attention to: "What about the situation,What you can do is to establish the rule of law,This is the obligation of all bet365 Play online games governments。"" "In our West,It is also continuing to fight for the establishment of a rule of law。It should be a top priority in the Soviet Union,It is the only focus that the government should commit to。The Soviet Union is completely opposite,They continue to introduce various new economic systems。"" They have always felt that the economy is everything。They never thought of the rule of law at all,Because Marx thinks,The so -called law is just a camouflage,Cover the essence of robbery ",But this view is questionable。Alan Hunt has summarized it to,Contemporary Western Marxism attaches great importance to the rule of law,Preset of their deep recognition of the following three concepts: one,Comparison with communist social laws and the government will be controlled into a comparison,The law plays an important role in any defensive socialist society;,Provide protection for democratic arrangements for public life,Constitution is very important;,Citizen freedom、Human rights and the rule of law for defensive socialism,It is an essential prerequisite。Christine Sypnowich is combined with the operation of the socialist system,Analysis of its inherent needs for the rule of law: "To ensure the drafting and maintenance of the drafting and maintenance of the planned economy, it has the maximum effectiveness,Need a certain kind of consistently, predictable legal framework protection。"Sypnowich's discussion,Although it comes from her summary of the development lessons of the development of socialism (especially Bet365 lotto review the planned economic model),But for a socialist country that has moved towards the reform of the market economy,It is also worth a warning。

  The necessity of "filling the law of law"

Contemporary Western Marxists increasingly recognize the necessity of "filling the law of the law" (Tong Shijun) for Marxism。Habermas published in 1990 "What does socialism mean today? "One article,To a large extent, it is a consciousness of promoting its "legal steering" in the academic context of Western Marxist in Marxism itself。Habermas pointed out: Marx's "holding a pure instrumental attitude" for the law,His "does not say more about the way of freedom to be established; except for the proletariat dictatorship that will inevitably occur during the" transition period ",He did not imagine any other forms of system "。He even asserted: Marxism lacks a satisfactory legal tradition,It is one of the most important lessons that the left school should keep in mind。

In the "Introduction to Political Economics",Marx once pointed at himself: "The major I learned was originally the law,But I just scratched it in philosophy and history as auxiliary disciplines to study。"from this,We can see,Marx in the mature period, despite the many views about the law,But they all exist as the legal inference of their social theoretical system,Do not have an independent academic status。Western scholar Olufemi Taiwo asserted,"Marxism is generally an onlooker in the field of law philosophy"。Hugh Collins thinks,The lack of poverty in Marxist law mainly comes from the following two reasons: one,It is largely "the inevitable result of Marxism bet365 Play online games too much emphasizes historical materialism,Because the first concern is the economic and corresponding power relationship of society,Laws are considered secondary things "。Its two,Strive derived from Marxism's strong resistance to "legal education"。For Marxists,"Their goal is challenging rather than defending existing power organizations"。Therefore,The law that maintains the existing political order is a goal challenged by Marxist,instead of its defense。

It is because they recognize the importance of the rule of law to socialism and the necessity of "filling the legal zone" for Marxism,Many contemporary Western Marxists have begun to construct academic exploration of legal theory with Marxist colors,to promote the "legal steering" of contemporary Western Marxism。Whether it is Habermas's construction of legal discussion theory,Or the analysis of "Socialist Legal Concept",and even Olufemi Taiwo's "legal naturalism" interpretation of Marxism,All representative results of contemporary Western Marxist "jurisdiction"。

Of course,Western Marxism is mainly thinking about Marxism at the standardized level,And its thoughts have a tendency to college,To what extent they have practical feasibility、Whether it really conforms to the spirit of Marxism,Is it worthy of our further view。

  (This article is the Studies of Contemporary Western Marxism of the State Social Science Fund "(17bfx015) phased achievement)

(Author Unit: Institute of Social Science Higher Equipment of Fudan University)

Editor in charge: Wang Ning
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