Main features of the philosophy of Marxism
November 15, 2019 08:52 Source: "China Social Sciences", November 15, 2019, Issue 1816, author: Qiu Zhaoji

Marxist philosophy is a legal doctrine developed based on the legal ideas of Marxism's founders and Engels,It is an opportunity part of the Marxist theoretical system。Marxist law philosophy is a legal doctrine formed by studying the basic issues of legalism and positioning of bet365 Play online games Historical materialism。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, who mentioned many legalists in Marx's works, claims the law of sovereignty in the law。The common point of the philosophy of idealism is to treat the will as the essence of law。Marxist law philosophy believes,Taking the will as the essence of law is an illusion,This is the fantasy of the legalist's upside down。Marx and Engels founded the philosophy of materialist law on the basis of criticizing the philosophy of idealism。Historical materialism provides methodology for the philosophy of Marxism、This body theory、Basis of value theory and epistemology。Persistence of historical materialism is the evaluation standard of judging the philosophy of Marxism and non -Marxist legal philosophy。

Marxist law philosophical scientifically clarify the nature of the law。Philosophy of materialism law overcomes the one -sidedness of interpreting the law as the human spirit or the product of the state of the state,Instead of treating economic relations as the essence of law。Marx believes that the relationship between the law from the law itself。Not only that,The relationship between the law from the general development of the human spirit cannot be understood,This means Marx's negation of the law of the law。Economic relationship refers。At the same time,Laws will have a reaction to economic relations,and law and politics、Moral、Religious、Philosophy and other upper -level buildings also interact with each other,Marxist philosophy has the following four characteristics。

First,The practicality of the philosophy of Marxism。Practice materialism is a basic feature of Marxist philosophy。Marx understands practice as the essence of all social life。Practice not only constitutes the ontology of the existing world,and constitute the body and existence of human survival。Based on this,The philosophy of Marxist law founded the legal concept of practicing the theory of the body。Marx pulled the foundation Bet365 app download of the law from the concept of heaven to human life,Pull back from social consciousness back to social practice。Marx believes that law is not the foundation of society,This is the fantasy of jurists,Instead of opposite,Society is the foundation of the law。

2,Humanity of the philosophy of Marxism。Marxist law philosophy is the successor of Western humanist legal ideas,The issue of liberation of people is the central issue of the philosophy of Marxism in the philosophy of Marxism,Humanity is an important feature of the philosophy of Marxism。Marxist law philosophy is not an abstract person,but a specific person with reality。The law occupies an important position in the theoretical theory of Marx's people。In Marx's doctrine,To achieve human liberation is the essential requirements of the law,Law is also a way to achieve human liberation,The realization of the liberation of people is inseparable from the law。The ultimate goal of Marx's human liberation is not a certain country、A certain nation or liberation of a certain class,Instead of realizing all human beings,That is, the free development of all people with the condition of everyone's free development。To achieve human liberation,It must be "overthrow to make people insult、Attack by slavery、All the relationships that are abandoned and despised "。The liberation of a person means getting rid of all the restraints of people,Realize human freedom、Autonomous、Equality and dignity。The mind that realizes human liberation bet365 live casino games is the philosophy of law,The material power is the proletariat。Marx thinks,"Law is a positive existence of freedom", "The codes are the Bible of the People's Liberty" and "Human Law is the embodiment of freedom",These views indicate that Marx regards people's liberation as the core value of law。Freedom is the core element of human liberation,Human freedom is the main content of human liberation。

third,Criticality of the philosophy of Marxism。Marxist law philosophy is produced in the process of criticizing the capitalist legal system。Marxist law philosophical use class analysis method reveals the essence of capitalist law。Capitalism law is a social norm that created by the legislature with rights and obligations,On the surface, it is a manifestation of public will or national will。But,The representatives of the legislature are from the bourgeoisie,They represent the interests of the bourgeoisie as the ruling class,Ignoring the interests of the proletariat of the ruling class。The reason why the bourgeoisie has to increase their interests into national laws,In the final analysis, it is to maintain the material living conditions of their class。Therefore,Marx and Engels wrote: "Your concept itself is the product of the production relationship and ownership of the bourgeoisie,Just like your law is just the will of your class who is regarded as the law,The content of this will is determined by the material living conditions of your class。"Marx and Engels are saying that" just like your law is just like the will of your class as the law of your class "in the Bet365 lotto review critical bourgeois production relationship and the context of ownership.。This sentence has a strong critical color,Reflects Marx and Engels's disgust of bourgeois laws。Their criticism of the bourgeois law is exactly the same as that of bourgeois production relations and ownership。The critical spirit of the legal thought of Marx and Engels is Frankfurt School、Criticism Law and feminist law inherited。

fourth,The historic of the philosophy of Marxism。Marxist law philosophy emphasizes the time and spatiality of laws and rights。Law and rights are not abstract existence of super history,Instead, it is a specific existence that associates with a certain historical stage and the level of economic development。The law is not available at the beginning,but with the private ownership、Class and the country's generation。The law is determined by the material living conditions of a society,Its content changes with the changes in the social and historical stage。Slave society、The feudal society and the capitalist society have formed the corresponding slavery law、feudal system and capitalist law,The nature and characteristics of these different historical types have principles.。Marx thinks,Rights are also historic。Bourgeois human rights are based on the rational person of uppercases,It ignores the difference between the specific people in real life。The concept of equality presented by the bourgeoisie has the same limitations。Although the law stipulates that all people enjoy various rights,But all rights Bet365 lotto review are essentially only enjoyed by the bourgeoisie,It is an illusory right for the proletariat。Because of the formal equality, the substantial inequality between the assets and the proletarian is ignored。

Marxist law philosophy is a kind of legal doctrine that keeps pace with the times,It still has strong vitality。The philosophy of Marxist law has a close correlation with the times we live。bet365 Play online games Historical materialism is an important key we know and understand various complex legal issues today。The critical spirit of Marxist law philosophy also provides important ideological resources for the construction of the rule of law in my country。Marxist philosophy of philosophy to capitalist legal system、Legal thoughts and the practice of rule of law have been deeply criticized,Careful studying the philosophy of Marxism to help the construction of socialist rule of law。The philosophy of Marxism provides strong theoretical support for the realization of human liberation and comprehensive development。People are the value commitment of the philosophy of Marxist law。Marxist law philosophy is an important part of the theoretical system of socialist law with Chinese characteristics。Today, in today's governing the country comprehensively,It must be clearly insisted on and carried forward the philosophy of Marxism。

(This article is the National Social Science Fund's major project "Marxist Law Methodology Research" (11&ZD077) and Shaanxi University Youth Innovation Team "Marxism Law Philosophy" innovation team results)

(The author is a professor at the School of Criminal bet365 live casino games Law of Northwest University of Political Science and Law)

Editor in charge: Changchang
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