Human Nature And Legal Order

The humanities should take human nature as the basic research. In this thesis, human nature would be discussed to reveal its basic role in legal order.Legal order is a certain outcome of human nature and the necessity of social order could be reasoned from any perspective. The other kinds of social orders are of different significances, while the legal one will be the focus of this thesis. Different ideas about different kinds of orders have appeared in the history, with their different human nature basis, so are the ideas about law. Human nature should be considered wholly rather than partially. Human nature could not be identified as virtuous or evil simply. A man is natural and social with born. The law should take rights as its standard. Rationality and experience are equally important to make the law come into being. Conducts could be driven by instincts or rationality.The way that the law operates is based on human nature. To countercheck the ill aspects of human nature, the power holders and the destroyers to social order should be constrained; the creativity of individuals should be protected and encouraged to push the society ahead, and private law safeguard the autonomic field. The social law is trying to balance between state power and civil rights.