The Rational Law And Lose Of Legal Valve

Since the tribal unwritten law of primitive society in thousands years ago, the existence form of law has changed ceaselessly till now. But, whatever it changed, how to keep the society more stable and develop forward is always as the mainly responsibility of the law. Withe the development of physical science, everything could be described by numeral, no one could be excepted, the law should become rational too.We can see, the rational process of law is to make law more scientific. Since the nous borned in Ancient Greece at B.C.600, the law be effected by nous in the first time. The Hellenic nous is the main foundation of law's rationally process. In the Revival of Letters, arises a huge development of natural science, especially the astronomy and mathematics. The science uncovered the veil of mysterious religion. From then on, With natural science helped, the law as a main weapon of people to antagonize the theology. The reign of nature jurisprudence was breaked up, Benthamism jurisprudence and Positivism jurisprudence be created and prosperous, instead the status of nature jurisprudence gradually. At that time, the fasion is deal a law issue with nature science way, actually the mathematic way. Now a days, systemic science, a new generation of mathematic be introduce to resolve the law issue just like 500 years ago, not as a fasion way, but normal way.On the other hand, the rationally process of law is also the positivism law. When the mathematic as the only way to scale the law. The law will not be influenced by justice of society certificated, so it should be more experimentalism. Benthamism jurisprudence and Positivism jurisprudence is representative.The process of nous also make the value depart from law. Following the way of philosophy, the base of jurisprudence. Valve was not the most improtant part of law anymore. David Hume put forward to differentiate the valve and fact in philosophy area at first. He considered the valve is the sense in brain, and the fact is indeed attribute. The comedown of Natural jurisprudence is the best annotation of this thoery. Since the science beat the theology, justice had been kick off the law. Some legalist of...