Abstract

Contemporary study of Marxist legal theory faces from critical to constructive guidance-oriented discourse conversion needs. The traditional Marxist theory of law the meaning of legal norms has always been to abandon the attitude is to achieve discourse conversion of difficulties. In this paper, the practice of Marxist thinking back, that has not abandoned the law of the normative sense of the inherent logic of Marx's thought. The practice of membership by the Marxist ideology in practice implies the inherent tension frame, meaning you can put a legal framework to accommodate in, and on this basis on the study of Marxist legal theory to pursue their own internal discourse conversion possibilities and opportunities. Today the study of Marxist theory of law needs a discourse conversion from the critical into the affirmative inclination. But there is a problem that the traditional Marxist theory of law have always inclined to deny law as the normative, which makes it difficult to accomplish this work . By this article, I try to find that denying law as the normative could not be seen as the essential of and a rational deduction from Marxian thought itself, on the basis of his thought on praxis. Further more, in Marxian thought on praxis there is an internal tension embedded in praxis, which makes it possible to take it as a part of Marxian thinking to admit law as the normative. And finally, this can be very helpful for our finding a way to make the discourse conversion in Marxist theory of law