"实践"的内在张力与话语转换契机的开启--当代马克思主义法律理论研究新探

当代马克思主义法律理论的研究面临着从批判性导向向建设性导向的话语转换的需要。而传统马克思主义法律理论对法律规范意义的一贯抛弃态度，是实现话语转换的困难所在。本文通过回溯马克思的实践思想，发现否弃法律的规范意义并非马克思思想的固有逻辑。而籍由马克思实践思想中所蕴涵着的实践的内在张力性框架，可以把法律的规范意义容纳进来，并在此基础上开启出马克思主义法律理论研究谋求自身内部话语转换的可能和契机。

The Internal Tension in Praxis and the Possibility to Make a Discourse Conversion: a New Study on Modern Marxist Theory of Law

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.