Paper代写：The rule of law thought of utopian socialists

本篇paper代写- The rule of law thought of utopian socialists讨论了空想社会主义者的法治思想。空想社会主义者在对未来社会制度的设计和构想中，从立法和执法等多个角度，提出了一系列的法治思想。从立法上看，空想社会主义者着眼于国家、政府和人民的关系，不仅提出了民主立法，而且提出了法律的目的在于维护人民的正义和民主权利，以及法律由人民制定且应当通俗易懂。本篇paper代写由51due代写平台整理，供大家参考阅读。

Marx and Engels spoke highly of the historical progress of utopian socialists, taking their many thoughts as truth and taking their thoughts as one of the main sources of their theories, including the rule of law thought of utopian socialists. In the design and conception of the future social system, utopian socialists put forward a series of thoughts on the rule of law from the perspectives of legislation, law enforcement, justice, law abiding and legal supervision. From the perspective of contemporary values, these valuable thoughts of rule of law provide a useful reference for speeding up the process of building a country ruled by law.

Representative utopian socialists of various historical periods have made great achievements in the issue of the rule of law, and put forward many opinions and views with scientific factors.

From the perspective of legislation, utopian socialists, focusing on the relationship between the state, the government and the people, not only put forward democratic legislation, but also put forward laws aimed at safeguarding the people's justice and democratic rights, as well as laws formulated by the people and should be easy to understand. In his utopia, Mohr, an early utopian socialist, has realized that in reality the laws of European countries are the instrument of the ruling class. He holds that the utopian law is a reflection of the will and aspiration of all the people, whose purpose is to safeguard the justice and democratic rights of the people. In his mind, the law should protect the interests of the people and democratic rights. The utopian socialism of the 17th century, weinstein was put forward in his "freedom" in people's parliament elected representatives to make laws, he thinks that parliament is an organ of the state supreme justice, should choose once a year, each district, each city, and some of the nation's rural area should choose two or three people or more people to participate in the organ. At the same time, he believed that the form of government should be a democratic republic, whose principle was that sovereignty belonged to the people, and that only the people had the right to make or delegate social conventions, substantive laws and laws. The foundation of the republic's management system was the laws of general liberty, which made all men well fed and free. Clearly, he stressed that the law should embody the people's will and guarantee their freedom. Later utopian socialist kabir realized that the will of the aristocracy was the law, and that they exercised absolute power, or carried out despotism; The people, in fact, were a large group of slaves, severely mistreated by their masters. He assumed that in communist societies, laws were discussed and drafted by representatives elected by the people, and then submitted to the people for approval. It is not hard to see that cabe advocates that the law should be truly formulated by all the people and proceed from the interests of all the people.

Mohr, an early utopian socialist, pointed out that it was unjust to restrain the people with laws so large that no one could read them and so obscure that no one could understand them. In his opinion, the most straightforward interpretation of the law is the most just interpretation. Therefore, he advocated that the law should be simple, clear, clear and simple. The idealistic socialists of the time, Andrea and Kampala, like Moore, argued that the law should be simple. Short and strong laws are the best laws governing the republic, weinstein said. At the same time, short, clear and powerful laws help people to know and follow. In addition, utopian socialists also put forward the idea of perfecting the legal system. Weinstein believes that each season and time has its own laws or appropriate regulations so that a sound government can be established because it will properly maintain peace. A sound legal system can prevent abuse of power by government and public officials. He also attacked the laws in the real world for killing freedom and stressed that a sound legal system plays an important role in realizing the ideal life of real freedom and equality.

From the perspective of law enforcement, utopian socialists emphasize the correct implementation of the law by the government and competent workers. Weinstein believes the government should seriously enforce the law. That is the real life of government. He also believes there should be competent public officials. They should be very gentle, sensible, and not selfish, and should be able to execute the laws of the state as their own will, and not, by arrogance and vanity, place their own will above the rules of freedom, and claim the privilege.

From the perspective of judicature, safeguarding human rights is an important point of view of utopian socialists' thoughts on the rule of law. The early utopian socialist concept of equality, with mincer as the prominent representative, criticized the bourgeois theory of equality and the hypocrisy of human rights, and demanded real equality and the elimination of privileges. The medium-term utopian socialist morelli has found that chaos and the origin, causes and development of all evils are related to the corrupt legal system of various societies. He believes that every leader, regardless of rank or status, is completely equal to the people, even the head of the nation. All leaders will be tried if they invade the lives of others, or if they violate fundamental laws and impose a shameful system of private ownership.

In terms of abiding by the law, utopian socialists proposed that everyone must obey the law, and everyone must be proficient in the thought of the law. In his utopian vision, Moore argued, all laws should be made public, not only private contracts, but also public decrees, which were enacted justly by the good king or unanimously adopted by the people. Weinstein saw many disputes caused by people's unfamiliarity with the law, so he pointed out in the freedom act that the law itself is the rational decision of the parliament and the people of the country, and it should be the guide to the conduct of all people and the touchstone of all activities. In turn, he argued that everyone should be well versed in the laws of peace, and so on.

From the perspective of legal supervision, utopian socialists proposed to supervise the government's law enforcement. In his vision of the city of sun, the early utopian socialist campanella advocated for a republic, holding monthly grand conferences where every citizen over the age of 20 could attend, and each person had the right to give his or her opinion on the shortcomings of the republic and on the quality of the performance of government officials. Weinstein proposed that all public officials should be elected by universal suffrage and supervised by all citizens to eliminate any privilege and social inequality.

Due to the limitations of historical conditions, the utopian socialists have many defects and limitations in their vision of the future society. Their thoughts on the rule of law cannot and do not really recognize the class nature of law, fail to reveal the nature of law, but also some dross. The author believes that the historical limitations of the utopian socialist rule of law thoughts are shown in the following three aspects:

It is impossible and impossible for utopian socialists to leave class to design the rule of law without really recognizing the class nature of law.

Marxists revealed that the essence of law is the embodiment of the will of the ruling class. Lenin once said that law is the embodiment of the will of the class who wins and holds the state power. After the ruling class took control of the state power, it occupied a dominant position in economy and politics, and was able to elevate its will into the national will through the state power, namely law. Utopian socialists deny the class nature of law from the perspective of superclass. They explain the purpose and function of law with the interests of abstract people and society, and try to cover up the true nature of law as the will of ruling class from the perspectives of natural reason, divine will, pure norm, universal will, public will, god will, sovereign will and free will.

The theoretical basis of utopian socialists is idealism. It is impossible and impossible to realize that the content of law is determined by specific material living conditions.

Marx and Engels pointed out that the content of law was determined by the social material living conditions of the ruling class. Because the ruling class did not fall from the sky, nor is it inherent in people's minds, nor is it purely subjective imagination, but based on social material living conditions. Therefore, we say that the content of law is determined by the material living conditions of a particular society. Marx and Engels have pointed out that each form of production produces its own legal relationship. It can be seen that the ruling class cannot legislate arbitrarily beyond the limits permitted by the material living conditions of the society. Since utopian socialists seek solutions to problems from their own minds and human nature, denying the production of material materials is the premise of human history, and their theoretical basis is idealism. In this way, their thoughts on the rule of law are based on the lack of material reality, and their thoughts on reason, justice and equality are quite illusory and utopian. The law studied by utopian socialists is not the law in real life, but a description of the law in the future ideal society, not a real law, but a natural law. From the Mohr of the 16th century to the vautrin of the 19th century, they were describing the laws that were supposed to be in their ideal society. For example, the early utopian socialists tried to achieve equality for all through universal equality. But in the objective situation of underdeveloped social productivity, the average simply cannot be achieved. The holy family, co-authored by Marx and Engels, gave a high rating to the theory of the utopian socialist dessami, calling it more scientifically grounded communism. However, dessami does not satisfy the legal and contractual equality of the bourgeois enlightenment thinker Rousseau, but also demands the realization of social equality. Demanding equality, he argues, means exterminating the idea of privilege. In the public system, he said, people only knew there was equality. Real people want neither privilege nor rank; they are only equals. He held that public ownership would never lose sight of the principle that the pursuit of dominion, privilege, superiority, superiority, priority should be, in a word, eradicated the slightest attempt and intention to seek any special power. These rule of law thoughts of utopian socialists do not follow the objective laws of society, do not treat the demand of social development for the rule of law scientifically, and only start from their own subjective will. Although the law designed is beautiful, it cannot be realized in the real society. Therefore, Engels stressed that in order to turn socialism into science, it must be based on reality first.

Due to the limitations of The Times, there are many negative elements in the utopian socialist thought of the rule of law, such as preserving the slave and slave labor, colonization, religious mysticism, labor prejudice, political extremism and the tenure of the supreme leader. For example, in Moore's thought of the rule of law, the utopian country was established by the conquest of local aborigines, and its social system was established by the sage king utop of the conqueror, and the country was named after him. There were slaves in his utopia, and the grubby, dirty labor was borne by them as punishment. The supreme leader is a lifetime leader. The utopians can encroach on the land of the indigenous people and the territories of other peoples and establish colonies in accordance with the laws of the utopians themselves. If the locals rebel, the utopians fight. It can be seen that Mohr also regarded the law as the instrument of establishing the state and ruling the people. Marx and Engels spoke highly of baboff and believed that his theory was beyond the ideological scope of the whole old world order. However, the rule of law thought of basf has outstanding dross. He advocated absolute egalitarianism, especially in the distribution of consumer goods. He argued that everyone should be kept from getting more than the average of the products of their Labour. And his comrade-in-arms still further advocated absolute equalitarianism in intelligence, professional division of labor. They believed that the arts would promote a culture of extravagance, demoralize people, and that intellectual superiority would fuel their vanity and infringe upon the rights of ordinary people. The natural code plays an important role in the history of utopian socialism, but his author, morelli, is full of idealism about such issues as human nature, law and crime. Morelli attributed the emergence of the system of exploitation and oppression to the errors of the legislators. The harshest punishment for a bad man, he thought, was that first sentiment which is naturally good. God infuses the soul of man with indelible integrity, which alone can punish and punish crime more effectively than the harshest punishment of man.

Utopian socialist under the background of the age of 16 to 19 century, in the capitalist countries, successively put forward a series of innovative, scientific foresee, accord with the law of development of the rule of law ideas of rule of law, human for the construction of our country under the rule of law has some practical value, but we also want to clearly see its historical limitations.

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