Realizing legal modernization through Marxist philosophy: theoretical basis and institutional evolution

Abstract: This study addresses a critical gap in the literature by providing a philosophical analysis of China’s legal system modernization. Moving beyond conventional institutional or technical accounts, this paper analyzes the underlying logic of this transformation through Marxist philosophy. Grounded in dialectical and historical materialism, the analysis employs practical rationality as a core concept to argue that China’s legal modernization is not a simple adaptation of Western models, but an organic and evolving process rooted in the nation’s unique social practices and historical contradictions. This process is characterized by three core dimensions: (1) the institutionalization of human-centered values, (2) the alignment of legal frameworks with evolving productive forces, and (3) the advancement of national governance capacity. By examining key institutional developments, such as the codification of the Civil Code and procedural justice reforms, the paper concludes that China’s path exemplifies the practical application of Marxist legal theory. This approach not only innovates upon socialist legal principles, but also offers unique philosophical insights and practical knowledge to the global discourse on legal civilization.

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Publication Details

Journal
Trans/Form/Ação
Published
2025-01-01
DOI
https://doi.org/10.1590/0101-3173.2025.v48.n5.e025163
Primary Topic
Comparative and International Law Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Realizing legal modernization through Marxist philosophy: theoretical basis and institutional evolution

Shuyuan Tang
Trans/Form/Ação
Comparative and International Law Studies
article

Realizing legal modernization through Marxist philosophy: theoretical basis and institutional evolution

Shuyuan Tang
article en

Abstract

Abstract: This study addresses a critical gap in the literature by providing a philosophical analysis of China’s legal system modernization. Moving beyond conventional institutional or technical accounts, this paper analyzes the underlying logic of this transformation through Marxist philosophy. Grounded in dialectical and historical materialism, the analysis employs practical rationality as a core concept to argue that China’s legal modernization is not a simple adaptation of Western models, but an organic and evolving process rooted in the nation’s unique social practices and historical contradictions. This process is characterized by three core dimensions: (1) the institutionalization of human-centered values, (2) the alignment of legal frameworks with evolving productive forces, and (3) the advancement of national governance capacity. By examining key institutional developments, such as the codification of the Civil Code and procedural justice reforms, the paper concludes that China’s path exemplifies the practical application of Marxist legal theory. This approach not only innovates upon socialist legal principles, but also offers unique philosophical insights and practical knowledge to the global discourse on legal civilization.

Trans/Form/AçãoVol. 48(5)
Shanghai Normal University (CN), Sanda University (CN)
Openalex Percentile: Top 52%
Comparative and International Law Studies
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