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Legal Thoughts and Jurisprudential Logic in the Context of Post-Marxism(PDF)

《南京师大学报》(社会科学版)[ISSN:1006-6977/CN:61-1281/TN]

Issue:
2018年05期
Page:
61-
Research Field:
马克思主义研究
Publishing date:

Info

Title:
Legal Thoughts and Jurisprudential Logic in the Context of Post-Marxism
Author(s):
NIU Jin-hong
Keywords:
Post-Marxism law jurisprudential logic separation dissolution discourse
PACS:
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DOI:
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Abstract:
Post-Marxists claim that their theory is inherent in the genealogy of Marxism, but their way oftheoretical narration spares no effort to separate the economic base from the superstructure. This makes theirtheory have little bearing on Marx’s theory concerning such issues as the class, the three basic strata consistingof economy, politics and ideology, and the contradiction between productive forces and production relations,thus greatly undermining the foundation and legitimacy of the legal theory. The Post-Marxism has severed anddissolved the dialectical connection between the economic foundation and the superstructure, endowed law andpolitics with an ontological status, and regarded discourse as the main element for the generation of law. At thesame time, it also holds that law is a permanent social fact in every type of human society. All this has seriouslycorroded the foundation of the Marxist legal theory in that its legal ideas are alien to the Marxist legal thoughtsand jurisprudential logic. It deviates more than inherits from the Marxist legal theory.

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Last Update: 2018-09-25