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《马克思主义与法律学刊》第四卷(2024年第1期)

目录

法的价值研究专题

论社会主义法治文化视野下的法的价值(王萌  孙美堂). 

论意识形态理论视域下的社会主义核心价值观与法治文化建设(李其瑞). 

论文

作为一种社会历史现象的法典化(乔鲍·沃尔高). 

家庭与市场——意识形态与法律改革研究(弗朗西斯·E.奥尔森). 

社区型城市权利探赜(王金霞). 

评论

卡尔·伦纳的马克思主义法哲学研究(张放  孟飞). 

权利话语与社会结构——马克思《论犹太人问题》探析(高宇洁). 

“商品交换法理论”的逻辑构建、理论困境及阐释路径——帕舒卡尼斯法学理论的批判性研究(苟林松). 

学术人生

学者与为人(陈建福). 

书评

有效性、法律关系与社会自由:评《法律关系:法律实证主义之后的法律理论》一书(卫成义). 

英文标题、摘要、关键词. 

 

英文标题、摘要、关键词

(1)   AStudy on the Value of Law from the Perspective of Socialist Culture of Rule ofLaw

WangMeng, Sun Meitang

Abstract: Theconcept of “the value of law” is a composite one covering concepts,implications and principles from specific norms, functions, rights andobligations to abstract philosophical implications. A study on the value of lawfrom the perspective of culture of rule of law should be carried out on a basisof both philosophical perspective and specific significance. The value of lawrefers to the actual or potential functions, meanings and effects, ofcivilization enhancement significance, generated by a certain legal system uponspecific historical subjects in the course of an intervention in social life bymeans of legitimacy. The value of law has the following functions in theculture of rule of law: defining“ how people should be” within the legalsystem, actualizing the value of “how people should be” and continuouslypushing the standard of “how people should be” to a higher level ofcivilization. To define the value of law in socialist culture of rule of law,we should search for resources from classical Marxist writers and socialisttraditions to speculate the ideal living state of humans in the future, inorder to determine the ideal of “people should be like this” in socialist ruleof law. The ultimate value of socialist culture of rule of law is liberty,while the normative value is equal value based on the principle of coownership, co-creation and sharing.

Keywords:Socialist Culture of Rule of Law, the value of law, liberty, equality

 

(2)   On the Construction of Core Values of Socialism and Culture of Rule ofLaw from the Perspective of Ideology Theory

Li QiRui

Abstract: Ideology, as the sumof elements such as concepts, ideas and values, is the spiritual form advocated by a certain political community. From the perspective of Marxist IdeologyTheory, Core Values of Socialism and advanced socialist culture of rule of laware the direct theoretical achievements of the ideological construction of theCPC. We should attach great importance to ideological confidence and theconstruction of Core Values of Socialism, to ideological confidence and theconstruction of advanced socialist culture of rule of law, so as to avoidfalling into the discourse trap of western values of liberalism, build a“firewall” in the field of ideology and culture, and maintain the ideologicalsecurity of rule of law in socialist countries.

Keywords: Marxist IdeologyTheory, Core Values of Socialism, Culture of Rule of Law, ideologicalconfidence

 

(3)   Codification as a Socio-historical Phenomenon

Csaba Varga

Xing Wendi, Yao Yuan Trans.

Abstract: Codification makes the law public and available through recording itself inwritten texts. The codification in ancient times boldly pursues the exclusionof any doubts in the statements of law. The codification in the Middle Ages iscommitted to registering, publishing, and unifying established customs that areadapted and updated in certain customary law regions. The modern form ofcodification pursues a top-down structure, with the general rules forming thefoundation of the sub-rules, which provide detailed provisions for each legalsystem. In summary, codification implies new possibilities in the presentationof law, as well as new possibilities in the internal organizational structureof law. Debates are periodically renewed on whether or not codification shouldbe put back on the agenda and which legal departments should promotecodification. People are aware that they are seeking the benefits of codifyingin the former days in completely different ways with the change of the timesand resources available.

Keywords: codification, Customary Law, Civil Law System, Common Law System

 

(4)   Family and Market: A Study on Ideology and LegalReform

Frances E.Olsen

Li Yong Trans.

Abstract: Reformstrategies aimed at improving the lives of women in America have ranged fromefforts to ensure equal treatment for women in the marketplace to theestablishment of family courts to promote fair treatment and harmony within thehousehold. In this article, Professor Olsen argues that most reforms areconceived and carried out based on a particular world view, which holds thatsocial life is divided  into two separatebut interdependent fields: market and family. The dichotomy between market andfamily not only limits the effectiveness of reforms, but also significantlyreduces the scope of possible strategies envisioned by reformers. ProfessorOlsen draws upon Feuerbach’s model of historical progress, as well as upon ourunderstanding of relations between the state and civil society, and betweenmale and female, to speculate upon the possibilities for radically improvingthe lives of all individuals, both men and women, by transcending the dichotomyof market and family.

Keywords: family, market, dichotomy, ideology, legal reform

 

(5)   Onthe Rights of Community-based Cities

WangJinxia

Abstract: Therule of law is centered on cities, and the rule of law in communities has acore position in the rule of law in cities. Rights and the rule of law have isomorphism,and the rule of law in communities calls for the rights of community-basedcities. In the process of striving for rights of cities and spatial justice,people will inevitably seek the integration of community theory, communitymovements, and community rights. The rights of community-based cities have thecharacteristics of constructiveness and criticality, comprehensiveness andspecificity, collectivity and individuality. The content of rights ofcommunity-based cities can be derived from the rights of cities, and from theelements of communities, the internal system of the rights of community-basedcities can be constructed in more detail. Individual subjects, public subjects,and marginal subjects are the main structures and also the specific paths ofthe rights of community-based cities. Meanwhile, the rights of community-basedcities also respond and shape emerging rights, community construction,community subjects, and other issues. The theoretical construction of therights of community-based cities is a response and promotion of a worldwidesocial movement which is to return and revitalize community, and thus anin-depth theoretical exploration of it is of great theoretical and practicalsignificance.

Keywords: ruleof law in community, spatial justice, rights of community-based cities

 

(6)   AStudy on the Marxist Legal Philosophy of Karl Renner

ZhangFang, Meng Fei

Abstract: Atthe beginning of the 20th century, Karl Renner, based on a thoroughunderstanding of the characteristics of the Second Industrial Revolution andthe practical needs of social revolutions in Central Europe, creativelyexpanded and integrated Marxist methodology into legal research by extensivelyabsorbing the latest achievements of western philosophy and social science. Tosome extent, Renner overcomes the negative impact of vulgar Marxist view onlaw, and reinterprets the value of law and its relationship with economy. Andbased on this, he analyzes the essential structure of law in capitalist societyand criticizes its social functions, demonstrating a constructive conception ofsocialist legal development. However, due to the influence of legal positivismand Anglo-American empiricism, Renner goes too far in the process oftheoretical innovation, causing some controversies. In spite of this, he stillleaves a complex historical legacy worthy of in-depth exploration.

Keywords:Karl Renner, social function, Marxism

 

(7) Discourseof Rights and Social Structure

--An Analysis of Marx’s On theJewish Question

GaoYujie

Abstract:In the 1840s, a major debate centered on the issue of the Jewish rights inGermany, which was deeply mired in feudalism. In Onthe Jewish Question, Marx criticizes Powell,the leading figure of the young Hegelians. On the one hand, he focuses on Declarationof the Rights of Man and of the Citizen,which has a more ambitious and far-reaching legislative purpose, and hecriticizes the victory of bourgeois rights over citizen rights and theenslavement of the citizen by the bourgeois. On the other hand, he goes beyondthe criticism of rights and delves into the drawbacks and its root causes ofthe dual social structure of “civil society- political state” behind thedeformed bourgeois discourse of rights shaped by political revolutions. Marxadvocates the social revolution led by the proletariat, with the hope ofabolishing private ownership and reconstructing a society as a whole in whichhuman nature would be realized.

Keywords:Marx, rights, modern social structure, Jewish spirit, political revolution

 

(8)The Logical Construction, Theoretical Dilemma and Interpretational Path ofCommodity-Form Theory of Law

--A Critical Study on Pashukanis’ Legal Theory

GouLinsong

Abstract:Pashukanis’ Commodity-Form Theory of Law is an innovative attempt to constructa general theory of Marxist law based on Marx’s Capital.This theory, which bases law on commodity exchange, embodies the principle ofsubjectivity of commodity owners, namely the principle of formal equality andfreedom of will. But logically speaking, it cannot explain the compulsory,class and ideological characteristics of law emphasized by Marxistjurisprudence. This is because that his Commodity-Form Theory of Law ignoresthat commodity exchange is carried out on the basis of private labor whosepremises are the division of labor and private ownership, which are thefundamental causes for the law becoming a mandatory tool of class rule andcausing ideological problems.

Key words:Marxist Jurisprudence, Pashukanis, Commodity-Form Theory of Law

 

(9) Scholars and How tobe human

ChenJianfu

Abstract: This article focuses on the academic lives of Eugene Kamenka and Alice Erh-Soon Tay.

Keywords: Eugene Kamenka,Alice Erh-Soon Tay, academic lives

 

(10)Validity, Legal Relation and Social Freedom: A Book Review of TheLegal Relation: Legal Theory after Legal Positivism

WeiChengyi

Abstract: Basedon a critique of legal theories in 20th century, Prof. Alexander Somek’s Book, TheLegal Relation: Legal Theory after Legal Positivism,proposes a legal theory replacing the system of rules with social relations.The legal relation originates from the generalized dilemma of the moralrelation, with dimensions of freedom and authority. The dimension of freedom ofthe legal relation lies in facilitating social interaction and freeing peoplefrom moral arguments. The dimension of authority of the legal relation lies inthe existence of second-person political authority, where the subject’s actbecomes the authority for others based on the principle of reciprocity. In thelegal relation, there exists alienation among the proletariat, the propertyowners and the entire community, which is manifested in a rational form ofdespair in aesthetic and ethical life. For this reason, it is necessary totranscend the legal relation towards social freedom, and consider individuallives as parts of a larger whole, where the freedom and self-realization of theindividual are dependent on the freedom and self-realization of others.

Keywords:validity, moral relation, legal relation, social freedom



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