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The Origin Of Natural Rights And To Achieve

Posted on:2007-11-23Degree:MasterType:Thesis
Country:ChinaCandidate:S Y YangFull Text:PDF
GTID:2206360185972286Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The Spinoza, as one of representative's person of the classic natural law school, has put forward "the right of natural endowments" from the entity doctrine, and regarded the nature as basis Foundation of the whole things. He has deduced the man's right from inevitability of the nature, this not only look for existent reason for the natural rights, and also indicated the path of realization. This text tries to explain his thought about natural law by his method. This is to say, read Spinoza with Spinoza.The full text is divided into three parts: Preface, text and conclusion, is about 33,000 words totally.Chapter 1 of text is concerning the source of the natural law theory of the Spinoza of. Because of the comprehensive and complexity of the Spinoza's theory, it is difficult to clarify the course of development of its thought on the meticulous. Comparison to Grotius's and the Hobbes's theory, we can understand that they have a little in common on the one hand, can also know the special place of the Spinoza from their differences on the other hand. The reason of their differences, on the meaning of metaphysics, lies in the entity doctrine methodology used by the Spinoza.Chapter 2 is to explain human nature foundation of natural law by the entity doctrine principle of the Spinoza. By the definition of the entity and its attribute, the Spinoza has claimed that nature is inevitable, each individual have to follow natural of common rule and should make greatest efforts to keep it. Each individual has this kind of right. The realization of natural right, should consider man's strength. Emotion and reasonableness is two aspects of man's natural character, is also two layers of natural right. They are directly related with the size of the man's strength, the realization of right should get their dual support.Chapter 3 and chapter 4 are about to analyze the definition and the realization of natural right. This involves the relationship between man...
Keywords/Search Tags:Sipinoza, latural law, rights, realization
PDF Full Text Request
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