Class And Constitutionalism-From Locke To Hegel And Marx

This essay intend to, based on an analysis of Locke, Hegel and Marx, demonstrate the transition of the designation of state institution from the exclusive focus on the pure restriction of governmental power to the emphsis of the social foundation of constitutionalism, especially the material foundation thereof. At the same time, an inheriting relation between the Lockean liberalism and the Marxism Communism will be explored. The essay consist of a preface and four chapters.The preface gives a brief of the trilogy of contemporary constitutionalism, which initiated as a transition from the privilege based Middle Age constitutionalism to the modern constitutionalism that supported by the universal human rights, and then illustrated a resistance of Marxism to the modern constitutionalism because of the negligence of autocratic social power thereof. The resistance, in a democracy, resulted in an incorporation of criticism of the autocratic power in both the governmental and social level into the contemporary constitutionalism. At last, the preface explain the significancy of studying the constitutionalism and social theory of Locke, Hegel and Marx in contemporary China.The first chapter is "modern constitutionalism and the Lockean classic liberalism". Section 1 of this chapter, "class politics theory before Hobbes and Locke", is about to demonstrate, by an introduction of the class based state theories of Plato, Aristotle and Polybius, that Lockean political equalism is a decisive revolution of political theory.. Section 2, "constitutionalism thoughts of Locke", analyse the connection of Lockean theory of knowledge and individualism and natural law, showing the impact of Locke's incomplete empiricism upon his state theory, and then introduce the argument of property rights and the denial of paternity of Locke, which are of the most importance in modern constitutionalism. Section 3 is "the major content of modern constitutionalism and Lockean liberalism", which exhibits an array of fundermental requirements of modern constitutionalism, including a suffrage based parliament, fundermental human rights, separation of powers substantive rule of law and free market. All of the requirements are found to be related to Lockean liberalism. Section 4, "Smith's complement to Locke", display the nature of Adam Smith's economic analysis both as proponent and opponent toward Locke. On one hand, the theory of market self-completeness provides a strong argument for Locke's liberalism constitutionalism, while on the other hand, the class theory in the economic analysis reject the natural status set by Locke. Actually, the class theory exposes a capitalist nature of the modern constitutionalism, and provides the most eloquent intellectual resource for Marx's socialism. Section 5, "Rousseau and another individualism", covers the atomism deduced by Rousseau from the internally splited individual. The atomism needs an integral community, and adds quite unique meaning to some concept such as liberty, ration, morality and law.The second chapter is "elite governance and Hegel's universal class". Section 1, "Hegel's civil society and state", anaylses the nature and social significancy of Hegel's dialectics, and introduces the basic content of his civil society------three classes and three element, illustrating that Hegel's civil society is the compromise between market capitalism and traditional feudalism. This section also indicates that Hegel's state theory is a mixture of Hobbes, Locke and Rousseau, and has its intrinsic logical defects. Section 2, "class in the constitutionalism", protraits Hegel's advocacy to constitutional monarchy and describe the position of peasant class, industrial class and bureaucratic class in Hegel's constitutionalism, demonstrating a paradox in his bureaucratic class depended constitutionalism. Section 3, "significancy of Hegel", advocates some contributions toward constitutional theory by Hegel constitutionalism: taking into accout of nation-state in the constitutional theory, incorporating the social classification into constitutionalism and indicating the reliance upon a strong administrative(bureaucratic) system of a classified society, and finally a decisive influence on Marx's state theory in both the spedific concepts and the integral theoratical framework.The third chapter is "the bourgeois class constitutionalism in Marx's philosophy and history". Section 1, "modern constitutionalism and the split of individual", depicts the road toward liberation of individual in Marx's philosophy:originated from the simple acient Greek society, then stepped into the "unfreedom democracy" in the Middle Age, then went through the modern constitutionalism in which the individual rights being advocated while the access to the integral society being rejected, and will finally reach the destination of complete liberation where the liberty and access to the society of the individual can be balanced. This section wants to clarify that why Marx believe that the liberty and right in modern constitutionalism are exactly evident of the status of unfreedom and enslavement of individual. Section 2, "constitutionalism in the theory of economy history", explain the background of the formation of Marx's theory of economy history, and the definition and complicated interconnection of those essential concept (productivity, production relation, suoerstructure and ideology) thereof, displaying the awkward position of constitutionalism in theory of economy history. Section 3, "political economy and the fate of Bourgeois society", briefs the continuous reducing of profit rate, unemployment reserve, absolute poverty of labour class and economic crisis theory in Marx' thoughts, indicating his swinging diagnosis on capitalist society.The fourth chapter is "class and constitutionalism theory of Marx". Section 1, " Marx's concept of class", offers a brief of the concept of class of Plato, Aristotle, Polybius and Smith, and then analyses Marx's two class theories:the class theory in the theory of economy history and the class theory in politics. In the context of the theory of economy history, class is a unique phenomenon in capitalisy society, while in terms of politics, class is a universal existance among all civilizations. Besides, a paradox between these two class theories is commented. Section 2, "a class analysis of contemporary constitutionalism by Marx", has some comment on Marx's conclusion that capitalist society will definitely evolve from parliament to imperialism and that human rights, especially the freedom of labour, determines the social dictatorship in capitalist society. Section 3, "proletarian revolution and proletarian dictatorship", will develop an analysis concerning some class revolutionary questions such as revolution or reform, revolution practiced or led by proletaraits, transition into socialism by class armageddon or peaceful evolution. At last, Marx's basic design of the future political institution will be covered.