The Study On Fuller's New Natural Law Thinking

Produced in the 19th century and the early 20th century, the new natural law theory of the West inherited the traditional natural law theory of adhering to the orientation of the core concepts of justice, and made a great development after the Second World War. With traditional Western concept of natural law theory foundation, the new natural law theory was also a continuous innovation in the new era under the background. Among them, Fuller's new natural law thinking also tended towards other law school theories in different degrees at his same period. He creatively developed the traditional natural law thinking, and made it be the theory which has important influence in the field of modern Western jurisprudence. Compared to classical natural law thinking, Fuller's new natural law thinking is much more specific. His procedures natural law thinking is more practical and feasible. Its unique research perspective and study ways expanded the scope of people's horizon. It had more social relevance to make People understand the Legal phenomenon in a dynamic.This paper attempts to tap the rich theoretical connotations in Fuller's new natural law thinking. The purpose of the study is to search its theoretical value in the development of legal theory, find the value foundation of legal authority for Chinese law system, make the law have the authority of the sacred because of its'noble', and the important task to raise the civic consensus on the value of the law in Building legal system can be effectively implemented. This research will be a Current guidance to provide theoretical support for the various legal reality. This paper relies on the original, refers its polemics with Hart as background materials, and links with the views of other law schools at the same period. It attempts to give a more objective evaluation of its status and role in the contemporary Western jurisprudence and search its unique theoretical value and practical significance. Thus the main conclusions are: Fuller's new natural law thinking has played an important role of the heritage in the rehabilitation and development of the Western natural law thinking. He made Western Natural Law rebirth by developing traditional natural law in innovative concept, content and method. He constantly enriched the content of natural law in the process of the debate with other jurists at the same period. He corrected and refuted opposing views on the various types, at the same time, he amended and fusion other genre perspective of legal philosophy. He expanded the scope of the study on natural law on the basis of promoting the integration of his new Natural Law, the Law of positivism and the sociological jurisprudence. He raised its unique understanding of the law. Meanwhile, he used a large quantity of sociology and the humanities scientific theory perspective to understand the legal phenomenon from the different social angle. Its new perspective, methods and content made his study have its own unique theoretical value in the West theoretical study. It also provided theoretical and methodological basis for the building of the rule of law. He suggested that people pay attention to the value foundation for the rule of law and provided an ideal scenario; He stressed the legal professional ethics and the legal person's unlimited energy inputs; He remodeled legal person's concept of the cause and resulted the unceasing development of the cause of law; He enhanced the legitimacy of legal authority and made rational people come to a consensus on values of the law; He was concerned about the social latitude of the law to lay the foundation for democratic legislation; He changed the legal research mode of thinking by expanding the legal concept of the connotation and extension. In short, he changed the direction of human efforts by adopting the definition of legal cause and gave the impetus to legal cause which made it develop. These are precisely its essence of his new natural law theory.