Academic journal article Cross - Cultural Communication

Marx's Practical Thinking Logic of Law

Academic journal article Cross - Cultural Communication

Marx's Practical Thinking Logic of Law

Article excerpt

Abstract

Marx developed his practical thought by the Economic and Philosophical Manuscripts in 1844, Holy Family and the Outline of Feuerbach, formed a systematic practical thinking logic of law ultimately in the German Ideology. Based on the analysis and summarization of the Marx's practical thinking logic of law, we can conclude that Marx's practical thinking logic of law is of abstract and specific; It is also of dialectical, historical and material.

Key words: Practical thinking logic; Law; Thinking logic changes

INTRODUCTION

From three works Economic and Philosophical Manuscript in 1844, Holy Family and Outline of Feuerbach, Marx systematically criticized and inherited Feuerbach's human-oriented thinking logic as well as all those traditional materialism and law thinking logic including Hegel's speculative idealism, and finally formed a systematic practical thinking logic of law in the German Ideology ,which is a kind of logic that is to understand and analyze all related law problems from the view of practice, and established a systematic law theory of historical materialism in the basis of practical thinking logic of law.

1. THE ESTABLISHMENT OF MARX'S PRACTICAL THINKING LOGIC OF LAW

Although under the influence of Feuerbach's humanoriented thinking logic, Marx had gradually changed his mind from Hegel's speculative idealism towards law to materialism, Feuerbach's humanism thinking logic just simply contributed law to the authenticity and reliability of feeling, which broke away from the actual social conditions; besides, it talked about the essence of human abstractly by taking human as a human with natural attributes without any social relationships, which excluded human's sociality. Therefore, the materialist view of law established on the narrow human-oriented thinking logic was intuitive and limitation, which conflicted with the gradually matured practical thinking and the gradually established historical materialist view of law based on this thinking logic of Marx. Thus, Marx had to criticize the human-oriented thinking logic of Feuerbach.

1.1 Economic and Philosophical Manuscript in 1844 Promoted the Establishment of Marx's Practical Thinking Logic of Law

1.1.1 Practical Thinking Was Used by Marx in Analyzing the Alienation Phenomenon of Law

In terms of the study of alienation concept, scholars in different times had different interpretations for it, such as the idealist concept of alienation under the speculative thinking logic by Hegel, and the religious concept of alienation under human-oriented thinking logic by Feuerbach and so on. However, analysis of alienation phenomenon by ideologists before Marx is full of ethics, politics, speculative philosophy, and religion without studying from the angle of practice aiid social economy, which made their development of alienation thought divorce from practice and social material life and just stay on the idealist level in the end. We know that Marx fully understood the importance of "citizens determines the law", and he thought law "just some special ways of production and was dominated by the universal rules of production".1 Therefore, to study the alienation of law, we should first study the civil society; and what determines the development of the civil society is social economy, so it was the concrete embodiment of employing practical thinking to analyze problems in law that Marx studied alienation in law from the angle of social economy, which left great impact on the formation of practical thinking logic of law by Marx.

1.1.2 The Social Nature of Human Revealed by Marx Was the Embodiment of Practical Thought in Terms of the Relationship Between Human and Society

In the Economic and Philosophical Manuscript in 1844, Marx denied the abstract human in nature under the human-oriented thinking logic by Feuerbach, while he attached more importance to human's mobility in transformed the world. He said, "Human proves that they exist with conscience by the creating object world and changing inorganic world through practice". …

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