From the Critique of Historical Jurisprudence to the Doubt of Rational Law:Two Intellectual Transitions of Young Marx
Marx's elucidation of his academic career and viewpoints in the Preface to A Contribution to the Critique of Political Economy subtly indicates two intellectual transitions and adversaries in his development.He transitioned from law to legal philosophy and subsequently to the critique of legal philosophy.His historical materialism aims to surpass both the historical school of law,which began solely from the perspective of law,and the rationalist school of law,which originated from abstract rationality.The debate between the rationalist law represented by Thibaut and Hegel and the historical jurisprudence represented by Gustav Hugo and Savigny on whether Germany should establish a unified civil code was the catalyst for Marx's turn to Hegelianism and his critique of the historical school of law in the Rheinische Zeitung.Marx perceived the reactionary stance of historism,advocating a"law of animals",as accommodating the conservative state of Germany as the"philistine world"at that time.In his discussion of the"Law on Thefts of Wood",Marx recognized the profound influence of material interests on law and the frailty of legal rationality,leading him to question rational law.The historical materialism he ultimately achieved after these two intellectual transitions represents a transcendence of historical jurisprudence and rationalist law.
rational lawpositive lawhistorical school of lawLaw on Thefts of Wood
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