Questions On Philosophy Of Right In The Paris Manuscripts

The classification and systematization about the ideologists’academic views is an indispensable“calling”in academia all the time,which have the two essential reasons that this certain thinker’s standpoint is an absolutely necessary part of human’s intellectual history and his views bring the direct“practical”or“mutual”connection with the social political practices and the people’s living world.The former ones as Plato,Epicurus,Descartes,Kant and so on,the later ones including Hegel,Nietzsche,Heidegger and the following.And the more important thing is that some thinkers’ideas are analyzed and interpreted over and over again because they are embodied both the two characters above such as the idealistic "criminal"-Karl Marx.So this dissertation takes Marxs’s radical texts,the Paris Manuscripts,as the keyhole to approach to the questions of philosophy of right that is not only to provide the clues for interpretation and understanding about Marx’s legal and political thoughts but also to direct the path and deep moves theoretically for the whole-and-diversity dimensions of modern western philosophy of right.Philosophy of right is the questioning and rethinking about the puzzle of validity in laws. On this precondition,the author is trying to answer the following questions:how to connect the changeable intellectual history in philosophy of right with Marx’s(see Introduction);what are the textual foundations and backgrounds about Marx’s Paris Manuscripts and in what content we could consider these texts as one of the most closing clues between Marx and the western academic tradition of philosophy of right(see Article 2 in Introduction＆Chapter 1); what are the insider logical chains from the legislation for the capital and the property rights to the communism concept of liberty in the three manuscripts(see Chapter 2);how the concept of“alienation”in the manuscripts become the new starting in liberal philosophy of right(see Chapter 3);what is the relationships between the liberty in classical liberalism,the schools about the post-liberalism or the other kinds of philosophy of right with the liberal theory of Marx’s(see Chapter 4);and how to carry through the double-points of empiricism and transcendentalism for Marx(see summary in Chapter 4＆Conclusion).The specific structures and arrangements regarding the whole paper are following:Introduction is to discuss about the relations between the philosophy of right and Marx.The fundamental issue about the theories of liberty and the liberal philosophy of right has been never changed in all ages.And the liberty becomes the academic topic in philosophy of right is also an event after the formation of its modern pattern.The justice in polis under the sense of classical natural view do not justify the grounds about individual’s liberty but only do many helps to promote the virtues and authority for the politics as a whole.And in the times of the Hellenistic and the Mid-age,it is the classical sovereign virtues as the rational basis for theodicy or theodicy endowed the transcending context for natural law.Overall,as Marx’s said,Machiavelli and Campanella as pioneers then Hobbes,Spinoza and Grotius as followers and Rousseau,Fichte and Hegel finally used the human eyes to examine the states that they explained the natural laws of states not from the theology but based on the rations and experiences.Therefore,the critiques of Marx’s are starting form Hegel’s state’s philosophy and principles of natural rights formally but essentially he had surpassed the academic area of Hegel’s state philosophy of right and stated a whole-critique way about liberal human studies from religion,politics to society.Nevertheless Marx as a transcending thinker in three times(pre-modern,modem and post-modern times) never explore the intellectual resources form the ancient treasures,the grounds of legal base and rights system of capitalism(qualities of law),the critiques of the approaches(characters of law) and the practical construction of future philosophy(communism) are not only the critiques of plutonomy and a historical assumption of scientific socialism but an unlimited opening to the“questionable backgrounds”regarding modernity philosophy of right which obviously are including the economic public affairs,the views about the new and old world,the principle of rights based on alienation,the“classic”meaning in classical liberalism and the return of the so-called modernity“virtue”discussed repeatedly in the later chapters.We could not believe that Marx had given the best answers to all of these questions so far but at least he had found the fundamental issues that never unsolved until today.Otherwise the introduction also gives a brief direction about the selected version of MEGA2 and makes a logical summary of the current researches about The Paris Manuscripts in the world(including humanism, existentialism,liberalism,structuralism and“Marxism”).Chapter 1 is to make the preliminary induction about the academic atmosphere in the manuscripts.The circumstance of political romanticism and the enduring focus on the problem of Jews made Marx’s comprehensive and profound grasp on the ideology and the historical process in French Revolution.For example,On the Jewish Question,one of his significant papers had showed unique ideas and surpassing views on the political ideas and the principle of rights of French Revolution.As Marx arrived in Paris,he tried to get the communication abut these ideas between“Germanic head”and“French mind”and German-French Almanac was an textual embodiment for such communication.Unfortunately this testament failed soon.The contradiction between“be”and“should be”and the philosophers’common symptoms of“historical aphasia”in front of the property relationships of the essential freedom that forced Marx rethink the meanings and limits of the“new ideas, new regime and new customs”under“the principle of rights in new age”(Fichte). Corresponding to Tocqueville’s liberty,Marx detached with the civic politics based on individualism ultimately but to get deeper and further moves along the tradition of French Revolution which makes him launch the economic and social revolutions or even the humanity revolution from the field of political revolution.And he also justified the valid reasons for this endurable revolution for human being itself strictly through the positive arguments and interpretations on the questions such as the theory of surplus value,the legislated laws of capitals and so on.Chapter 2＆3 are to develop the illustration that how to understand the critiques of national economics in these manuscripts under the perspective of philosophy of right form the texts.Smith believes that national economics is a subject regard with the statesmen and the legislators.While Smith established the stable foundation of philosophy of right for the classical liberalism form his two famous books’angles which are the prosperous The Wealth of Nations and the selfish Theory of Moral Sentiments.And this kind of philosophy of rights about the humanity could be summarized as the following three aspects:one is that the nature is not the aim or essence of ontology but the physical things existed objectively;two is that the radical issue about humanity is not the question of“what is the human”but“how the human living”;three is that a man or the human’s basic characteristic has to define referenced with the passion of self-perseverance as the former two points.Therefore,whatever the reconstructions of humanity by Hume and Smith or the deconstructions of humanity(in directly opposite way) by Hegel,the social legal system and the rights relationships based on the property rights are the ultimate ground of the whole capitalism.So the three manuscripts in Marx’s The Paris Manuscripts have supplely and profoundly exhibited the logical illustrations and the critiques on humanity by such three levels as the three-steps of capital legislation,the property rights(properties win over the real estates) as the natural rights and the liberal ideology of communism separately. humanity”in Marx’s philosophy of right.Alienation is a word means transformation (etymology) but also a kind of distortion(society).From the inductions about the theories of alienation by Rousseau,Fichte,Hegel and Feuerbach,we could find out the insider logic about the alienation had changed the“God to Human”relation into the“Me to Me”relation or a sort of subjects(or Master-slave) social relation after the theology moved into the condition of secular world.The four-level alienation by Marx is the beginning of this transformation.He not only found the cardinal connection between the alienation and the private rights relationships but also put forward this connection into the reconstruction of the whole social scientific system and raised the critical theories of humanity and laws based on the alien history of rights.Furthermore,the“successors”of legal critical theory such as Karl Lennart, Frankfurt School,Pashukanis and Gramsci reinterpret and also misinterpret the developing Marx’s legal critical theory form the areas such as the new legal functional theory,theory of factory critique,the legal historical theory and the hegemony theory of ideologies.The legal critical theory is grounded as the standpoint as“humanity is human’s most ultimate essence”and expanded into the basic views about Marx’s liberal theory that how to understand this point in western philosophy of right,especially in the tradition of liberalism philosophy of right would be illustrated in next chapter.Chapter 5 is to define the certain place of Marx’s liberal theory in western philosophy of right Liberty is the epoch topic of modernity philosophy of right and the liberalism legal and political theories are specifically located as the mainstream of ideology in the construction of modern states and societies.However,what makes Marx so indignant is that liberalism has given up the questioning on its rights basis since the appearance of the classical liberalism.The classical liberalism has tried its best to make the dual between the individual‘s freedom and the republic virtues but at last it has to entrap into the“emptiness”when encountering the modern liberalism on the weedy capitalism.And Hegel provided a virtue-persevered community from the dimension of the ethic states under the constitutionalism,which would be regarded as the reproduction of the monarch times by Marx at last.Marx discovered that the egoism as the basis of civic society could not make the human back to his essence of humanity but to distort this quality;under the precondition of single individualism,the human rights are the private property rights totally and the Constitution and laws are only the justifications over this sort of private property rights. Therefore,how to emancipate the alien humanity from the capitals would be the fundamental issue on liberty.So Marx retorted the so-called“morality”in national economics while poured the crucial critiques on the rights doctrines arbitrarily by Hegel and opened up the“historical virtue”in future philosophy delivered form Kant-Hegel paths:in future communist society, with the disappearance of the phenomena of states and laws everyone’s freely development is all the people’s conditions of developments freely in there,which is even considered as a return to Kant through Hegel’s way by some certain scholar.Post-liberalism is not the negative to liberalism but a critical analysis over its grounds, connotations and transformations.And Marx contributes a lot of intellectual resources and endless powers to post-liberalism and its shapes of philosophy of right.By the philosophies of law by Laski,Mcpherson and Arblaster,we may certainly find that.Conclusion is to give a brief summary about the target and what extent to get in this paper and to outline the logics expressed in the context and the links with the modern philosophy of right.Through the overall classification on the history of these manuscripts (the intellectual background),the context(the manuscripts and relevant texts) and the theories(the principle of rights about alienation and the theory of liberty),the author realizes that the theory of liberty in Marx’s philosophy of right made the oversteps on the political Romanism“dynamics”and the classical liberalism’s“virtues" which are generated from the deep reading on the economic speech logics of the rights system in capitalism.Whatever the“left”or“right”labels are stapled on this kind of reading by the successors,it could never cancel its academic values and historical significances.Meanwhile we could find out that Marx’s theory of liberty even carries out the validity question about rights that is“why we need liberty”as questioning the liberalism rights questions such as“what liberty to realize”and“how to realize this kind of liberty”.Although Marx does never return to the ancient natural virtues,his theory of liberty embodies the unique character on the theories of history (the stages of liberty),teleology(whose liberty) and the future philosophy(communism liberty).And this quality could be the never-exhausted intellectual values to help us respond to the question(the validity of rights) that“how to make a better living in the social relationships under politics and laws”.