On The Thought And Modern Value Of The Natural Law

The western natural law theory has a long history and abundant connotation. It gives emphasis to the primitive value of law such as rationalism, the value of justice and the spirit of humanism, etc. This study deals with the advantages and disadvantages of natural law and its powerful vitality from its development process by the criticism from analytical positivist jurisprudence and social jurisprudence to natural law.. The natural law as a theory which has been deeply influencing the western countries will be of great benefit to China's Legal Construction.The first part of this paper gives a broad overview of the development process of natural law. We hold the opinion that the development process of natural law should be taken apart into four phrases- the natural law of naturalism, the natural law of theology, the natural law of rationalism and the multi-value natural law. In addition to this, the cultural background of the birth, the development and the change of the natural law are also introduced in this study, in which the abundant theoretical connotation of the natural law is reflected.The second part of this paper analyzes the advantages and disadvantages and the gains and losses of the natural law, the positivist jurisprudence and the social jurisprudence by the way of analyzing the positivist jurisprudence and the query to the natural law by the social jurisprudence. We deem that although the natural law has some inextricable limitation in its theory and practice, it can also play an important role in western countries.The third part of this paper summarizes the manifestation of vitality of the natural law, namely, the rationalism, the value of justice, the equality and liberty, the democracy and nomocracy, the humanism and the spirit of criticismThe fourth part of this paper expounds the influence of natural law on the development of western country under the rule of law, besides by combining with the recent social condition, the revelation to the legal construction of China is also demonstrated.