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Christian Culture And Modern Western Constitutional Philosophy,

Posted on:2008-10-17Degree:DoctorType:Dissertation
Country:ChinaCandidate:N S ChengFull Text:PDF
GTID:1115360215954688Subject:Legal theory
Abstract/Summary:PDF Full Text Request
This article attempts to differentiate the ancient Hebrew, the ancient Greece and the ancient Rome culture elements from Christianity's religious essence which Christianity contains. Christianity is considered as one kind of carrier for the Rule by law and the constitutionalism at the ancient times, and also one kind of historical culture phenomenon. The research was focused on the specific background of civil society after the intermediate stage Of Middle Ages, and studies its influence on the theories of the modern constitutionalism.1. Ancient times Hebrew, the Greek civilization and the ancient Rome constitutional government thought embedded in Christianity, affects Christianity, transforms Christianity, and contained the constitutionalism essence of ancient Athens and the ancient Rome under Christianity's outer covering. After the intermediate stage of Middle Ages. The European society had the request of legal right aroused from the civil society by the commodity economy foundation, which awaken the ancient Hebrew, the ancient Greek civilization and the ancient Rome civilization had already embedded in the Christianity. The belief started to yield to the rationality, the conqueror was conquered. Christianity was on the decline because of its successive non-religious factor. Those legal right requests of civil society such as electoral system, natural law, and the consciousness of natural right, and so on, those embed in the Christianity therefore formed the modern constitutionalism notion.2. When the perdition of the west the Roman Empire, the Christian church became the unified super nation in the Western Europe, which exercised the very powerful authorities. It was exactly the Christian crusade expedited the birth of modern nation -state. The birth of nation-state had been advantageous to the development of capitalist production relations, which is the premise that the modern constitutional government produced. Only after the nation-state formed, it could be possible to lead to the neoteric & modern constitutionalism which manifested the right request .The nation-state forming process is the battle happened between the power of Christianity and the royal power.3. Although Christianity culture itself is also one kind of the factor to be decided,but the Christianity culture has the significant influence on the theories of constitutionalism, people sovereignty, the rights protection, the authority restriction and the constitution to the superior, etc. After the intermediate stage in the Medieval Europe, the deed theories of Hebrew culture was not only enormously promoted the economic development , with contracting freedom inherited from the ancient Rome culture, Moreover, it had expedited the people sovereignty theories. After the combination of the neoteric commodity economy with the theories of Christianity's original sin, belief doctrine, and the wealth view, which gave birth to the supreme status of constitution, and the conception of equality, freedom, and so on. Christianity's wealth view (especially the Protestantism ethics) enormously promoted the capitalism expansion and finally forms the conception that private property are sacrosanctity. The ideology of successive authority restriction from Christianity, and the Christianity's exercise to partial legislative power and jurisdiction power, combined with autonomous cities based on commodity economy, and the political phenomenon that merchants exerted legislative power and jurisdiction power. Those had made the mundane ruler such as king, and so on, could only take the exertion of tax revenue power as the main symbol administrative authorities. It provided historical and psychological foundation for the birth of modern decentralization theories .The engendering of the modern constitutionalism theories and the establishment of the constitutionalism system, was influenced by Christianity under the Western Europe specific history and the cultural context. It decided the commodity economy development in the western Europe following the intermediate stage of Middle Ages. Therefore, it doesn't mean that constitutionalism construction can only be carried out in the Christianity culture areas.
Keywords/Search Tags:Christianity culture, The modern constitutionalism notion, Natural law, Natural right
PDF Full Text Request
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