Social Sciences in China (Chinese Edition)

No.3, 2020

The People’s Will: The Ideological Characteristics of Marx’s Philosophy of Law

(Abstract)

Mou Chengwen

Full expression of “the people’s will” in the establishment and implementation of the state system is the cornerstone of Marx’s profound critique and fundamental subversion of the traditional philosophy of law and of his reconstruction of its values. The theoretical nature of Marx’s philosophy of law requires us to go beyond the existing research paradigms and pathways and grasp its overall context and basic characteristics from a broader perspective. With regard to the question of how to fully express “the people’s will” in the establishment and implementation of the state system and the liberation of man that flowed from it, Marx made a profound critique of Hegel’s philosophy of law and created historical materialism. On this basis he formulated the theory of “scientific socialism” and profoundly examined the relevant “historical conditions” and scientifically revealed the nature of the issue, and also made the proletariat fully “aware of the conditions and nature of its actions.” Therefore, the logic of Marx’s philosophy of law, which inevitably leads to “scientific socialism,” reveals itself before our gaze. An orientation toward the people constitutes the basic characteristic and logical necessity of Marx’s philosophy of law.