Compromise Or Fusion?

The article has discussed his complex law ideology from "Natural Law and Natural Right" written by John Finnis in 1980. To the natural Law, Finnis has a unique understanding. Natural jurists often avoid the abstract natural refinements, but he thinks it includes seven basic principles of good and practice rational nine basic requirements, and that specific ethical standard and practice rational principle are similar, and they are complementary. Finnis reflected to Legal Positivism, Also absorbed reasonable composition from Legal Positivism, ThenI want to ask that "Finnis is the compromised natural law and the legal positivism, to both's success fusion?"The first part summarizes time background of "Natural Law and Natural Right" written by Finnis. The book was published in 1980, after the World WarII history of such a context, Finnis was thinking and writing. Based on reflection and response to the post-war theory plight of the urgent need to begin natural law to a certain degree of rehabilitation, natural law jurists and thus regain self-expression and the right to speak their own opportunities. Sociology Legal and Legal Positivism, Natural Law accomplished Tripartite Couplet again with the trend of integration of clues. So Finnis is influenced on various ideas on the other hand, he also based on "how human life should be" in the reflection. To the book's review, scholars have different attitudes. Some people thought that Finnis has catered to the historical trend of thought fusion, some people thought that he is only the compromised natural law and the legal positivism, From each director. To the natural law and the legal positivism, Finnis is "compromised" or both "fusion"? The first part raised the question.The second part discusses that Finnis responsed to the legal positivism mainly manifests for the following several aspects: Positivism in the censure of the Natural Law "is" and "should" there is no distinction, for the sake of advancing the adoption of a tactical retreat, he steps by step in the demonstration seems to be in the camps. First of all, he acknowledged the positivism of "is" and "should" be different, followed him that the law of value judgment itself is not from any inference from the fact. In his "The Scope of Jurisprudence" opposition positivism pioneer John·Austin's view that morality is necessarily need to study the field of jurisprudence and is not open to evade One of the important topics. Should not be such as Austin said, the moral or political ethics research on the field to discuss. Therefore, Finnis pointed out that the legal interpretation should be included in the value of evaluation. Finnis rejected the "bad law" in the moral and legal status of the field of law and uphold the moral unit of jurisprudence in this overall. He believed that legal and the moral relation is exists inevitably. In the article has enumerated Finnis induction law of four kind of non-justice four types. Finnis also for all sorts of misunderstandings which produces to the traditional natural law clarifies take Kelsen as representative's positivism law school of thought.The third part of article writes that Finnis adopted to the legal positivism. As the rule of law in social, Finnis is depthly impacted on positivism scholars as Hart, Raz, and so the legal positivism is not totally negated by him. Compared with the legal positivism, through the following several points we may see clearly that Finnis's law ideology is "similarity": his legal characteristic and the government by law request and Raz's the eight basic principles of the rule of law are basically consistent. They think that the legal should have a kind of clear, open, stable and predictable characteristics. Influenced by semantic analysis method which Heart initiates, Finnis entitled to use the same method in the "natural law and natural right". Semantics analysis often had in the Finnis's book, specially to "Right", displayed fully the semantics analytic method. In fact, Finnis had already accepted the semantics analysis way of legal positivism. He also emphasizes the natural law school of thought "the bad legal is illegal" this symbolic slogan to place in the book the secondary position to regard, thus he acknowledged authority of the bad law in the judicial practice.The fourth part is "compromise or fuses?" The question has carried on the analysis. Finnis has the tendency to move closer to legal Positivism that is an indisputable fact. On the one hand, someone questioned that Finnis as a representative of the natural Law, actually accepts and acknowledged series of positivism viewpoint, It is the natural law of infidelity and betrayal, even is the positivism of compromise and concession. On the other hand, there are voices in favour of understanding, they think that Finnis conforms to the modern empirical natural and the integration of the two law schools in the tide of history. Author analysis the difference of "compromised" and "fusion", think that He subjectively attempts to alleviate the positivism to the natural law consistent attack, to make people maximize recognized natural law theory. When we use with their standards of the legal positivism to measure the characteristics of Finnis's law, discovered that he is not a typical positivism scholar. But refers to new natural law several characteristics which the people induce, his theory are close to the positivism, rather he conforms to the new natural legal essential features. He has not been able to stand on the theory of law higher than the natural law and the positive law outside these two law camp's boundary. Finnis has absorbed the reasonable factor from the positivism, so his core thought still manifested natural law idea.Finally, Finnis has the contribution to the natural law and the legal positivism. The domestic scholar believed that Finnis's natural law theory is one kind of rich creativity theory. To the traditional natural law theory, it heavily develops. The overseas scholar thought that Finnis the contribution mainly has three aspects, especially Legal Positivism synthesizer Hart publicly appreciated his theoretical contributions. Finnis set up a new path for the later scholars.