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A Study On Wu Jingxiong’s Thought Of Natural Law

Posted on:2016-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:N LiFull Text:PDF
GTID:2296330461487518Subject:Legal theory
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Wu Jingxiong is a famous jurist in the period of Republic of China and he set China traditional culture defenders and Catholic evangelist as one. In addition to the identity of the jurist, he is also a philosopher, theologian and translator. Throughout the history of Wu Jingxiong’s life and thought comprehensive and integrated in his heart is enduring.Flexible and harmony is the pursuit of his life. The thought of natural law is his advanced idea and also is his life ideology, from which we can see through, and regulation in the transcendence and immanence, metaphysics and specific, reason and intuition, Oriental Confucianism Buddhism and Taoism culture and through adjusting the Western Christian culture. The Wu Jingxiong’s natural law thought is full of art and comprehensive, ambitious and authenticity, which reflects the pursuit to the art of law about truth, good and beauty in his life.Wu Jingxiong’s legal philosophy center is the thought of natural law and the thought of natural law’s core is’the growing natural law’. The so-called "the growing natural law" refers to the natural law is just like a bridge connecting the eternal law and human law, not only has the eternal law invariance but also has the variability of human law. Natural law not only has the core of invariability; but also has changing edge. Because of the invariance of nature law, natural law has always in history and never lose its nature and because of the variability of natural law, natural law is also constantly expanding, changing its connotation, make its and social development with "evolution". This is the so called "the growing natural law ". In essence,’the growing natural law’is a communication of metaphysical thought and metaphysics. It has both the high level in metaphysical and pragmatic in metaphysics.This paper is divided into five parts. The first part introduces the early legal thought of Wu Jingxiong. Because the early legal thought affected the formation of the natural law thought at certain extent. First, Wu Jingxiong regulated and integrate Holmes and Stammer,who have opposite idea,which embodies the consistent integration thought and this is his most obvious characteristic at natural law thought. In second, Wu Jingxiong created the "Chinese new analytic School of law" in his participation in the Chinese judicial practice, which reflects the natural law pay attention to social reality and human law. In third, Wu Jingxiong wrote the "draft constitution of Wu",which embodies the idea of human rights thought of Wu Jingxiong. Although Wu’s natural law thought is founded on the Christian religion, but ultimately it is embodied humanistic feelings in the center of God.The second part summarizes the main thoughts of natural law of Wu Jingxiong. Wu’s natural law thought is the criticism of the prevailing of individualism and collectivism and the transcendence of relativism. In the academic history, the thought of Wu Jingxiong is in one continuous line with Christian scholars like Agustin and Thomas. Aquinas. There is a certain innovation in the relationship the connotation of natural law, natural law and of Christ..The third part introduces the Catholic factors in the thought of Wu Jingxiong natural law.In the first, Wu Jingxiong thought that the foundation of natural law is from "the eternal law" and its "divine creator", that is the foundation of natural law is God; secondly Christ is similarity with natural law in nature. Christ is the connection between man and God.In the same nature law is connected with eternal law and human law. The content of the fourth part is the fusion of Wu Jingxiong thought of natural law in the China imprint, which contain three aspects,which is Mencius and of conscience intuition for natural law awareness and the effectiveness of natural law. Mencius human theory embodied in the good side of human nature and humanity education,which let Wu Jingxiong think that thought of Mencius in natural law is the most comprehensive explanation. Conscience and intuition is a beneficial supplement to the understanding of natural law. It is not enough for people to understand of natural law by reason alone and intuition is more important.The fifth part from the perspective of history proves that natural law is in ceaseless evolution. Anglo American common law can best embody the spirit of Christianity. Legal progress are indirectly reflects the natural evolution of law. Finally is the summary of Wu Jingxiong thought of natural law. This paper argues that the academic is also life,which embodies the marrow of Wu Jingxiong thought of natural law thinking is his life, that is the combination of metaphysical and physical.
Keywords/Search Tags:Wu Jingxiong, Natural Law, Roman Catholic Theology, Common Law
PDF Full Text Request
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