Ethical Origins Of Western Modern Civil Law

This essay is aimed at studying the theoretical origin of the autonomy principle of modern civil law. The function of civil law is to adjust the relations of the life of citizens. The connotation of Enlightenment has been reflected on the autonomy principle of modern civil law. Meanwhile, the value system of the civil law also learns from the essence of enlightenment about the basis of moral rationality. Freedom, equality and individualism are the essence of autonomy of private law of modern civil law. Enlightenment is the origins of autonomy of private law.The four principles of the civil law theory is generally accepted that the modern civil law the personality equality and independence, absolute ownership, freedom of contract and liability. They are based on the principle of autonomy of private law. The empirical method is not the root of the four principles of modern civil law. The similar thoughts of it can be found in ancient law. However, it has not reached the height to lead the modern law principle. The academic basis and ethical basis of principle of modern law come from Enlightenment. Theory of natural law and natural rights, liberal political ethics and economic ethics, respectively, from the perspective of the philosophy, politics and economics, the concept and connotation of freedom, equality and human rights. They implanted in the civil law deeply and order through legislation in order to make the modern civil law has a better development.