Marx and Hegel’s tradition of legal bet365 champions league
November 26, 2020 09:17 Source: "Chinese bet365 champions league Sciences Journal" Issue 2056, November 26, 2020 Author: Wang Jia

Universal bet365 champions league and liberation of mankind is the ideal goal pursued by Marx throughout his life,But achieving this goal is not easy,Finding a realistic path to achieve bet365 champions league and liberation constitutes an important issue in Marx’s theoretical exploration。In the German speculative philosophy tradition represented by Hegel,bet365 champions league is the ability of human beings to be autonomous or self-determined;Accordingly,Human liberation is to eliminate the blindness of natural desires and existing concepts,Making people become real people who only follow their own rules。On the issue of how to achieve bet365 champions league,German speculative philosophy and political practice regard law and the state as specific forms of realizing bet365 champions league,Individuals obeying the law and the state means obeying one’s own nature,A good civil code is a realistic way for people to realize their free nature。

  Rational legislation and bet365 champions league

The complex experience bet365 champions league German nation in the 19th century created Germans’ preference for history and law,The long-term division has given rise to Germans’ expectations for a unified nation-state,Such an era background constitutes the common theoretical background of Marx and Hegel。After the German states announced the abolition bet365 champions league laws bet365 champions league Holy Roman Empire in 1806,How to formulate a unified law for the German Federation has become the most important ideological issue in German intellectual circles。Since the 1820s,Hegelian legal philosophy and the historical school of law have become the backbone of German jurisprudence,Also almost all of Marx’s teaching content during his university years。Hegel’s dialectics completed the ideal proof bet365 champions league inevitable realization of human freedom: Hegel’s dialectics convinced the intellectual community at that time,Human beings can understand the absolute essence through pure reason and logic,The nature of human society can also be self-verified through reason and logic,Not limited to various complicated appearances。The method bet365 champions league historical school of law starts from the legal subject matter given by history (the original chapter of Roman law),Use linguistic analysis and textual annotation to trace the source,Study it thoroughly in conjunction with existing annotations and commentaries,And focus on the practical aspect,Philosophize the material,Make it logically consistent,And further abstracted into a logical and self-consistent principle system,Create a spiritual connection based on formal ethics。Therefore,For the legal research at that time,Law、The methods of philosophy and history are actually the same method,That is, the method of speculation。

It is precisely because of this,Although bet365 champions league has become a common pursuit of intellectual circles in European countries since the 18th century,But different countries have different understandings of bet365 champions league。Due to the country being divided and invaded,German intellectuals’ understanding of bet365 champions league is often linked to the tasks of national unity and national self-determination,Special emphasis on human autonomy and self-determination。bet365 champions league in the German tradition means not only bet365 champions league from the oppression of nature,We must also avoid the coercion of others’ will on individuals,And pay special attention to the dimensions of history and reality。German thinkers generally believe,Law and state based on rationality are ethical entities for people to realize their self-determination,This tradition profoundly influenced the young Marx’s understanding of bet365 champions league。

In philosophy,Germany’s path to freedom has always been closely linked to the independence and unity bet365 champions league nation-state,Embodied in the pursuit of autonomy and self-determination through rational legislation,And use this to criticize the liberal tradition of Britain and France。The pursuit of freedom in the German tradition strives to avoid the abstract discussion methods of Britain and France,Gradually formed the nationalist line of realizing freedom through legislation and nation-building。Kant proved it with his a priori deduction,Although the object world is in itself,But it does not restrict people’s freedom,People can still use reason to arrange their lives;Kant advocated the use of practical reason in politics to determine the rights that people should universally possess as human beings,And further determined in the form of law。And Hegel further proved that reason itself realizes not only the subjective design bet365 champions league self-subject,It is also an objective understanding bet365 champions league object;People have the ability to rationally discover the necessary forms of law and state,The realization of this objective necessity of law and state is also the realization of human self-determination,People will gain true freedom in the life of law and country。Therefore,Law、Philosophy and history were generally regarded as the same discipline in 19th-century Germany,Symbolizes the power of human reason to liberate itself。Inherited the ideological resources of ancient Roman law,Germany has a long tradition of legal education and research,In theory, it has opened up a political modernization path that is very different from that of Britain and France。Germany’s modern ideas gave up the British natural law tradition’s pursuit of happiness,Turn to freedom as the core concept of modern political order;In terms bet365 champions league method of realizing freedom, we also oppose the path of French violent revolution,Advocates to ensure the gradual realization of freedom through top-down progressive reform bet365 champions league law and the state。In addition,The freedom that German legal tradition focuses on is human’s natural right,It is very different from the British natural law tradition that values ​​social order and the French natural law tradition that values ​​political enlightenment。When reality deviates from freedom,German legal tradition needs to redefine the conditions for the realization of free personality through philosophical and historical methods,Then theoretically determine these conditions in the form of legal rights,And ultimately ensure the compulsibility of legal rights in reality in the form bet365 champions league state。

  Towards reality in the criticism of legal bet365 champions league

 For the German intelligentsia,Law is the theoretical intermediary for the realization of free personality,Abstract deductions about legal rights take precedence in theory over actual legal provisions。Marx received such legal education in college,And obviously influenced by the systematic tradition。He translated the first two chapters of "The Collection of Learnings" into German,And started writing a grand legal work,Trying to improve the metaphysical foundation of law to solve the legal dilemma at that time。This legal work, which Marx called an "unfortunate work", has not been preserved,Now we can only understand its chapter structure from a letter written by Marx to his father。If you look at it only based on the directory,Marx’s legal works are indeed lackluster,Marx himself admitted its shortcomings,And realize that "efforts to abstract deductions from formal or conceptual methods are inappropriate",From now on "only engage in some empirical research"。The failure of this academic attempt became an opportunity for Marx to join the Young Hegelians,Because members and followers bet365 champions league Young Hegelians are also considering how spirit and law actually function in the state and society。The emergence bet365 champions league Young Hegelians,Mainly because the closed nature of Hegel’s legal philosophy prevents it from facing reality and the future,The in-itself and for-itself of objective will can ultimately only point to itself;If legal philosophy is to point the way to reality and the future,Then the objective will must be subjective again,Become a proactive will。Similar to the position bet365 champions league Young Hegelians,Marx’s “positivist” attitude in law also requires rationality to break through the limitations of abstract deduction,Maintain criticism of various existing concepts and phenomena in reality。However,In this "empirical" thinking,Universal reason itself is still higher than reality;The difference between universal reason and reality and its criticism of reality,Is the real driving force for change in the real world。

After being forced to leave the editorial office of "Rheinische Zeitung",Marx began to realize that universal freedom cannot be achieved through universal rationality,On the contrary, it will also lead to the overall loss of general interests,The emergence bet365 champions league proletariat。Marx since then no longer agrees with the "German road" of achieving freedom through law and the state,And turned to economic research to find the realistic possibility for people to achieve freedom。“People who have lost their property and the class of direct labor, that is, concrete labor,Not so much a class in civil society,It is better to say that it is the foundation on which various groups in civil society base their lives and activities”,The legal power guaranteed by rational legislation in civil society can only realize the freedom bet365 champions league possessing class,The basis of this freedom is the general unfreedom bet365 champions league proletariat。In order to explain this phenomenon theoretically,Marx wrote his first work,That is, "A critical analysis of Hegel's philosophy of law"。

Demonstrate the inevitability bet365 champions league loss of human nature in modern society,marks Marx’s systematic abandonment of his early legal stance,And turned to the economic research on industrial production through the "proletariat" as an intermediary。Man himself is the highest essence of man,“Overthrow makes people become insulted、Enslaved、All relations of abandoned and despised things”,It is the consistent goal and pursuit of human society。Marx believes,There was no class in Germany that could represent the universal nature of man,Therefore, the competition in the political field is just a battle between special interests of various classes。The backwardness of Germany has resulted in the prevalence of vulgar views in the ideological community,Religious、Philosophical and historical theories all describe human beings’ pursuit of ideals,But these theories lack the material power to change reality,In the end, it all became an indirect theoretical defense of reality。Marx’s German national philosophy、Legal Philosophy and Religion、Traditional etc. are called "copies",They are all explanations bet365 champions league unequal status of modern political countries in a speculative or imaginative way。Criticism through copy,Marx pointed out the vulgarity of these ideologies,Reveals the conceptual self-restraint bet365 champions league Germans,They “did not think that philosophy as it had hitherto belonged to this world in itself,And it is a supplement to this world,Although it is just a supplement to the concept”。

  Human Liberation: Beyond Legal bet365 champions league

But,The purpose of Marx’s criticism of legal philosophy and state philosophy is not to require people to give up the pursuit of human nature,“This kind of criticism tears those illusory flowers from the chain,I don’t want people to still wear chains without illusions or comfort,But ask people to throw it away,Pick fresh flowers”。The transition process from copy criticism to original criticism,That is, the process of finding the possibility of realistic change。Marx believes,The hope of Germany’s future lies in the growth and action bet365 champions league proletarian ranks。Although the proletariat is produced by civil society,But they have lost all private property,Excluded from civil society;The oppression encountered by the proletariat is a common injustice in civil society,Rather than a special injustice of one class to another。Therefore,The liberation bet365 champions league proletariat itself "does not require the enjoyment of any special rights... but can only have recourse to human rights... It cannot liberate itself without emancipating itself from all other social spheres and thereby liberating all other social spheres"。The emergence bet365 champions league proletariat,Proves the widespread injustice in modern society,At the same time, it also potentially contains the possibility of abandoning this injustice。Using the proletariat as an intermediary,Marx found a realistic path to criticize the modern political state and its theoretical foundation。Criticism bet365 champions league modern political state and its conceptual foundation,Not only the important theoretical content of "Critique of Hegel's Philosophy of Right" and its introduction,It is also one bet365 champions league basic theoretical clues for Marx’s later research on political economics。

The proletariat and its revolutionary nature are the final conclusion of Marx’s critique of legal philosophy,It is also the key intermediary for Marx to turn to economic research。For Marx,The Emancipation Proclamation declaring that "man is the highest essence of man" is the entire task of true philosophy,And the proletariat is the material weapon of true philosophy;The emergence bet365 champions league proletariat “shows the complete loss of man,And therefore only through the complete restoration of man can he restore himself"。After realizing the illusory nature of legal philosophy and state philosophy,Marx gave up the emancipatory path of realizing universal rationality in the field of law and state,The proletariat will become the only force for human beings to liberate themselves in society。The existing ideological resources in Germany at that time - legal philosophy、National Philosophy、Church philosophy, etc. - cannot provide a theoretical explanation bet365 champions league proletariat。To prove Germany’s realistic path to liberation,Marx must rethink the generation process and historical tasks bet365 champions league proletariat,Marx therefore turned to the study of political economy,Drawing completely different conclusions from Hegel on how human beings can achieve freedom,Criticized Hegel’s logical mysticism,The key to solving the historical puzzle is found in the social production of material materials。

In the evolution of German intellectual history,Marx and Hegel constitute two coordinate axes with completely different directions,The issues bet365 champions league times in Germany in the 19th century were the origin of their ideological intersection。Tracing back from this origin,You can see they share German philosophy、A shared vision of human freedom and liberation in law and history;Look forward from this starting point,You can see that their imaginations about the future of mankind are completely different。The place where Marx surpassed and criticized Hegel is,He realized that human freedom and liberation need to continuously realize themselves in the continuous development process of social production,It is impossible to complete oneself in the mind of one or several people。At a time when the crisis of clash of civilizations is raging,We should re-examine the ideological relationship between Marx and Hegel in the new historical changes,And understand Marx’s original ideas on this basis。The victory of a certain concept does not necessarily mean the progress bet365 champions league times,Promoting social cooperation and production development is the real foundation for the continuous advancement of a community with a shared future for mankind。

  (Author’s unit: Department of bet365 champions league, Capital Normal University)

Editor: Zhang Yueying
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