An Analytical Study Of Humanistic View Of Law

The human-oriented scientific outlook on development and social legal philosophy advanced in China made a re-mention of humanistic view of law which took human value to a new level. This article will take the two dimensions, west and China, ancient times and modern times, into consideration in studying the humanistic view of law, through which we will draw the essence and make use of it in the construction of legal system in China.Chapter I mainly seeks to find the origin of humanistic view of law. The first step is to explain the meaning of humanism. We shall start from ancient Greek in which with the development of Athens democracy, the agency of Providence began to encounter doubt and criticism. Human began to be taken seriously and became the main part of city government. The Athens, for the first time had a change of humanistic view of law which was significant but was doomed to failure because of the lack of institutional affirmation. The humanistic view of law was fully developed in Renaissance. At earlier stage, advocation of humanity was emphasized and later was the consideration of the relationship between people and objects. At that time, humanistic view of law was starting to take shape which is not complete, though; it brought out the theory of right of classic natural law,providing the foundation of humanistic meaning for modern legal system. The humanistic idea in china goes back to ancient times. It dated from West Zhou Dynasty and made a big development in the Spring and Autumn Period. But under the government of slavery and feudalism, humanism in China is hard to get rid of the class fetter and has a lot of deficiencies---political dependence, groupment, identification and instinct which provided huge development stage of rule by man and impeding the rule of law in China.Chapter II focuses on the theoretical research on humanistic view of law to draw its general connotation and core idea. The concept of humanism is broad yet it has particular connotation that differs from humanitas and humanitarianism. So it is tough to conclude the connotation and core idea of humanistic view of law. The general connotation and core idea of humanistic of law——respect of man's dignity, security of man's needs and development, freedom and equality, and rights, will be concluded by analyzing the relationship between humanistic view of law and human, law, science and human rights.ChapterⅢreturns to China which is the final destination of theory exploration. The purpose of exploring the origin of humanistic view of law and draw its core idea is to prove the incomparable advantages over others. The combination of humanistic view of law and concrete practice of China leads to the creation of modern legal spirit, enriches the system of human rights and promotes the construction of law-governed society and generation of law belief, and to some degree, it gives a human orientation in legal education.