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The Game Between Natural Justice And Legal Justice

Posted on:2014-04-06Degree:MasterType:Thesis
Country:ChinaCandidate:M C JinFull Text:PDF
GTID:2256330401978368Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The theme of this paper is based on the perspective of the Nuremberg Trials,forthe purpose of studying the dialectical relationship and the game course betweennatural justice and legal justice,and then revealing the related institutionalarrangements for natural justice exceeding the law justice.Paper is divided into three chapters, each chapter is as follows:Chapter One,the dialectical relationship between natural justice and legaljustice.From ancient Greece to near-contemporary, the exact meaning of naturaljustice is different,and natural justice has experienced a long historicalevolution.Natural justice is invisible, but it is an objective existence and a code ofethics with many virtues or good as its main content.There are both intrinsicallylinked to natural justice and legal justice, but also may occur sharp conflict.Chapter Two,the game between natural justice and legal justice in the NurembergTrials.In the Nuremberg trials,Prosecution Committee accused Nazi war criminals inaccordance with The Provisions of the London Charter,Nazi war criminals has made anumber of excuse,concerning the legality of the court organization,nationalsovereignty,subject to national laws and orders of superiors,the principle of legality,“You too”etc.In this regard, the Nuremberg Tribunal gave a tit-for-tatresponse.The legal basis of the Nuremberg Tribunal to punish Nazi war criminals is asfollows:When legal justice is a serious departure from the natural justice, the court hasthe right to exceed natural justice, and directly applicable to natural justice.Chapter Three,the way of natural justice exceeding the law justice.From thepractice of the rule of law in the United States and Europe,there are three main waysof natural justice exceeding the law and justice,Constitutional Review,they areJudicial Activism and Civil Disobedience.
Keywords/Search Tags:Natural Justice, Legal Justice, The Nuremberg Trials
PDF Full Text Request
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