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Construe The Natural Law

Posted on:2008-02-29Degree:MasterType:Thesis
Country:ChinaCandidate:J NingFull Text:PDF
GTID:2166360218958023Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Natural law is a spirit treasure which has the longest history in jurisprudence thought. She develops up and down over the long history of men. In each great social transformation, she is like a banner, leading the orientation of the development of the western law; she is like a mist, always showing by different appearances, which permeates our blood and gives us strength, unpredictable. The evolution of natural law is the history people inquire it, which gives the humanity infinite space of thought. But how should we explain it so that the concept consistent with its logic? How can we utilize it without violating the instincts of natural law? These questions are to be explored below.In this paper, I will find the most basic characteristics which exist in people's heart and propose my suspicion about the real appearance of natural law. I will take already existed explanation my object of research which is based on the creative contribution our predecessors made to the concept of natural of natural law.The first part is about the creation of natural law and its predicament. Four thoughts are presented in the part according to it development: natural law thought of naturalists, the one of theologists, the one of classical law school and that of new natural law school. Based on brief description of each background, I choose a few famous thinkers'ideas to elaborate, then analyze and access this theoretical system from two different ways with logical felicity of a theory on the one hand and with the naturalness of natural law on the other.Part two is the course this research takes, which is designed to interpret the original identity of the natural law—how to view the theory of the existing natural law. In my opinion, the viewpoints should not be confined to the traditional method which traces the law back to its originality. They should not focus on the come-into-being period to find an answer; neither follows the idea of Aristotle.The third part is eternal value of natural law. In the first level I prove the long-established natural law by facts. The second level divides into three parts: firstly, I pose the philosophical foundation on which I understand the natural law, that is, the suspicion to the real appearance of the world as well as the limited characteristics of people's ability. Then, according to the beauty of natural law, I illuminate the special charm that natural law needs agree with humanity and the tremendous contribution the natural law made in the transitional period of human development. Finally, I will combine the non-transcendental imaginary world people exist and the transcendental characteristics of natural law to explain the reason why natural law has eternal value. My viewpoint can be inferred after this chapter—natural law does not exist originally, it is a concept created by human beings based on their needs. But this concept can works although is has some deficiencies. Moreover, it is believed in by mankind and regarded as a beacon light guiding the advance of all human beings.Part four is about the originality of the natural law. The analysis of the meaning of"nature"is elaborated, followed by the essential characteristics of the natural law in the description and expression of people, which is from the perspective of dualism. And then explore the existing state of the natural law in an objective manner. This should be understood in the chain of the humanity, morals, natural law, to the prescribed law. Finally, the facts of the natural law should include the endeavors of the mankind with which they groped along the way.The conclusion is drawn in the part five.
Keywords/Search Tags:Natural law, Human nature, Moral, Positive law
PDF Full Text Request
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