Realizing legal modernization through Marxist philosophy: theoretical basis and institutional evolution¹

Modernização do Estado de Direito na Perspectiva da Filosofia Marxista: Fundamentos Teóricos e Evolução Institucional

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.

Keywords:
Marxism; Law; Institutions; Subjectivity; Rationality; Historical materialism