A Study On Marx's Inheritance And Transcendence Of Hegel's Philosophy Of Right

The relationship between Marx and Hegel's philosophy can be described as a timeless topic,ranging from Louis Althusser and Terrell carver's "Negation" to Georg Lukacs,Marcuse,Eric weill and Domenico Losurdo's "Affirmation".Different scholars' interpretation and construction of their academic relations make them more complicated and confusing.Marx's critical tone in “Critique of Hegel's Philosophy of Right” and “Hegel s Philosophy Comment Preamble” seems to be the positioning of their philosophy relationship.Basing on the original text and historical background,examining their philosophy of right cautiously from a comparative perspective not only can prove Marx's inheritance and transcendence of Hegel's philosophy,exhibit real relationship between Marx and Hegel's theory,and respond to the doubt whether Marx develops philosophy of right,but also provide efficient Intellectual resources for the implementation of the strategy of “governing the country by law” in China.In order to study Marx's inheritance and transcendence of Hegel's philosophy of right,the author has already finished the following tasks.Firstly,the author combs comprehensively the context of Hegel's philosophy of right,which is the premise and base for studying whether there exist inheritance and transcendence theoretically.Secondly,consult all works concerning Marx's legal philosophy systematically,and grasp comprehensively his such thoughts,especially whether his later years' study has some correction and backwash on his earlier thoughts.Thirdly,the author compares Marx and Hegel's theory,aiming to prove whether there exist inheritance and transcendence.Fourthly,basing on the previous combing,comparison and proving,the author finds that Marx's inheritance and transcendence of Hegel's thoughts can exist in four dimensions: the essence of “objective will” of law,free value,relationship between civil society and state,law and morality,and methodology of dialectic and historism.In the book “Elements of the Philosophy of Right”,Hegel sticks to the unificationof form and content,concerns the split between reality and ideality,avoids the misbelief of logical analysis of function and form,criticizes “violence” of the essence of law and “subjective will”,and concludes essence of law as “objective will,and objective rationality”.While Marx never denies the will of law,but he examines “class will” from the perspective of state will,reveals the “material constraints” behind class will,and centering on practice,he reveals that the essence of law is the unity and opposition of class will and material constraints.Hegel denies the “abstract freedom” and “negative freedom”,and defines the value of “law” as “concrete objective freedom”,a freedom based on concept state ethical substance and rationality.Marx inherits Hegel's free value,and fulfills the transcendence of free agent successfully—from realistic individual nihility to personal attention,the transcendence of ethical form of freedom realization—from state to community of free individuals;and the transcendence of the historism of freedom—from roaming history of spirit to the history of human practice.The realization of freedom value is the focus of Hegel and Marx's philosophy of right,while there is close relationship between the route choice and the defining two pairs of important categories.That is,the relationship between civil society and state,and the relation between law and morality.Hegel negates the research on time priority from the perspective of historical empirical study,and draws a conclusion of state priority under the structure of dialectic logic.Marx inherits Hegel's profound insight of segregation between civil society and political state,and draws a conclusion of civil society's priority on the basis of empirical facts and political economical study.In Hegel's philosophy of right,ethics lies between abstract law and morality,and it is the intermediary and link of law.Marx inherits Hegel's viewpoint of “affirmative coexistence” among morality.Meanwhile,Marx's transcendence lies in his apprehension of important commonness between law and morality—material constraints and class and he reveals from the perspective of historical empirical study the conclusion that law is evolved from ethics.The main method of Hegel's philosophy of right is dialectics,which centers on Logos and Nous' spirit in Greek thoughts.Hegel's dialectics is to demonstrate the developing process in which the “concept” takes “intermediary” as link and takes“self-denial” as motivation.Marx inherits his negative developing value and alienation category,criticizes his divinity and fallacy by means of the metaphor “Head Inversion”and realizes the backwash of Hegel's dialectics centering on “practice”.Hegel's climax and developing of concept manifest its heavy sense of history.Marx inherits Hegel's historical method.Since the history of Hegel's philosophy is an obscure spiritual roaming history,Marx transforms the “kingdom” root of his method,bases this historical method on the solid mortal reality,and makes a radical change from historical idealism to materialism in the field of the philosophy of right.