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《Law and Modernization》 2017-05
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Essence and Features of Contemporary Legal Imperialism: Viewed from the Methodological Perspective Provided by Lenin's Imperialism: The Highest Stage of Capitalism

Gong Tingtai;  
The book, Imperialism: The Highest Stage of Capitalism, which Lenin wrote in order to make theoretical preparation and ideological guidance for the October Revolution, provides us with an important world outlook and methodological guidelines for studying the economic, political, legal and cultural aspects of imperialism. Lenin believed that imperialism is the monopoly stage of capitalism. In the five basic characteristics of imperialism, the most essential one is the monopoly, which is also the essential characteristic of legal imperialism. The essence of contemporary legal imperialism is that one or a few superpowers monopolize the rights to the formulation, enforcement, and jurisdiction of rules(laws) governing the handling of international economic, political, cultural and military relations, control the international order, and thus safeguard their hegemonic interests. In the discourse system of contemporary legal imperialism, the United States is the representative of legal imperialism in the world today. Legal imperialism gains the hegemony through monopoly, then takes the leadership, and realizes and maintains "the common interests" of the United States and the West by hegemony. Legal imperialism shows the following characteristics in the contemporary era: the economic monopoly is the solid foundation of legal imperialism; the legal output becomes an important tool for the maintenance of hegemony by legal imperialism; the propaganda of values plays an ideological function of legal imperialism; taking double standards is an important feature of the illegal "rule of law" embedded in legal imperialism; and the military hegemony is used to realize legal imperialism through armed intervention. The dispute between the United States and the Soviet Union after the Second World War ended with the collapse of the Soviet Union and the victory of the United States. However, when the United States became the only superpower in the world, the legal imperialism was also declared to undergo its inevitable decline. Against this background, any attempt to monopolize the right to govern the world by one country is an anachronistic wrong strategic choice.
【Fund】: 国家社科基金重点项目“建设社会主义法治文化研究”(14AZD144)的阶段性成果
【CateGory Index】: D90
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