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I hope that academic circles will pay attention to Marx’s transcendence of the subject in Kant and Hegel’s Legal Philosophy

  • Date:2023-04-11
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With the emergence and development of the capitalist mode of production or production subject, Kant connected the subject of philosophy with legal responsibilities and obligations, made the subject of philosophy consistent with the subject of law based on practice, and took philosophy from the origin and research of the world. The doctrine of the relationship between subject and object changed to a doctrine of "what is man", and the Copernican revolution was realized in the field of philosophy based on the transformation of the understanding of the subject-man, and the era of legal philosophy in the history of human thought was created.

Kant began to explore the modern legal meaning of the production subject from the perspective of philosophy, and Hegel deepened his understanding of the modern legal production subject. Hegel distinguished between civil society and political state, and introduced the political economy categories of production and consumption to the philosophy of law. He proposed that the entity is the subject and that the determination of personality is property. He saw that particularity and universality are two aspects of civil society. This principle gives a legal philosophy summary to the characteristics of the production subject of capitalist society. To a certain extent, Hegel saw the existence of the micro production subject as the basis of the capitalist mode of production, but his civil society was a contradictory concept, and Hegel did not complete the theoretical generalization of the production subject of modern legal meaning.

Marx completed the exploration of "what is man" since Kant, and made it clear that the main body of modern society is the real man, and the real man is the main body engaged in the production of material materials, and the main body in legal philosophy-man is based on economy The concept of subject establishment. Marx created the concept of production relations, proposing that modern factories based on applied machines are production relations, and based on the concept of production relations, he clarified that the micro production subject is the unity of productivity and production relations, and the macro subject of the nation-state is the economic foundation and upper level. The unity of architecture clarifies the microscopic and national macroscopic production subjects of modern legal significance. Marx completed the exploration of the production subject of the modern legal meaning, opened the precedent to stipulate the social subject from the material content and social form, and realized the philosophical generalization of the economic subject of the modern legal meaning.

Due to the high abstraction of the social subject-human category in legal philosophy, the academic circles have not revealed the true meaning of the most basic concept of the social subject-human in the philosophy of Kant, Hegel, and Marx for a long time, so that it affects them. Understanding of legal philosophy.