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Comment On The Law Mandatory

Posted on:2008-12-27Degree:MasterType:Thesis
Country:ChinaCandidate:X C GaoFull Text:PDF
GTID:2166360242473761Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Law is to depend on oneself inherent strength be still external comelling force to be carried out, be put into effect, this is that the jurists long range debate the problem solving fundamentally and both and fail secondary as well. Everyone times jurist all judges by each to vigorous times society understanding and the assurance to law , tries to bring forward self understanding , law theory system building self to this problem. In general, have two kinds law theory to advocate that effect is quite far-reaching mainly; Driving force seeking enforcement first from the law outside, country's brute force is held together look upon as the enforcement guarantee. Another the driving force growing theory trying to grow and move in seeking law coming inside of law. Be the theory branch's turn. Concretization following period at ease , thinking that following means or law being to be used to defend justice is justice from Plato who is praised for "philosophy king " to "the ancient times Renaissance man " Yalishiduo De Du in ancient times; Follow period at ease in the classical allusion, the behavior being models after in fact though jurists admitting standard people, but honest law needs to but reason human being reason , natural law controlling that justice builds. Therefore, be in this momentary scheduled time, the law nature is considered being just, the reason thought still holds a leading post. While history develops to eighteen, nineteen century, when positivism law school appears all of a sudden, the law intrinsic characteristics lies in mandatory , it's operation is put into effect must depend on the country. When but having arrived at upper century beginning of the sixties the end of 50's,law "comelling force " concept has met with broad of west science of law theory boundary few scholars question, this takes that United Kingdom analyses jurist Hart and new natural USA jurist Fule newly as representative among them. Be necessary being in progress to the view affecting remote theory this two kinds analysing, to find out divergent origin when the theory problem thinking that we want the deep this one ultimacy discussing the law intrinsic characteristics , basis, thereby ascertain science , correct fundamental law idea. The nature trying to set about relating to law combining with modern times from our country and west science of law development of mandatory theory about law in history evolution says the main body of a book every Depend on the country come lling force only on the problem at the same time, being put into effect in law, be dependent on or law self's reasonable and legitimate only , all have no way to resolve the enforcement basis this one theory difficult problem, mandatory and reasonable and legitimate law must depend on the inherent strength to try to pass with law with external strength integrating , the main body of a book as being put into effect is tied in wedlock to do one simple investigation and discussion to this one problem. This reveals the law nature with regard to , ensures putting into effect of law more good in the actual life , helps us to set up correct law concept waiting for aspect to have very important significance.
Keywords/Search Tags:law, Mandatory, Justification, Law enforcement
PDF Full Text Request
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