| How to use the power of natural law to shape the ethical order of society and the order of modern nation,is the core issue of Pufendorf's natural law thought. Going back to the related historical background is the necessary link to explore the core issue. Since 1300, universal religion and Holy Roman Empire had become divided and broken up gradually in western Europe,the edge of the old order had been in collapse,and the Europe had been falling into chaos. For centuries after that,the natural law ideologists have been trying to explore theories for a long time,in view of how to rebuild the new order of Europe. Pufendorf,who suffered in the Thirty Years' War in childhood,reflected on how to find a new order philosophy which contains practical value for Europe,when faced the post-war European chaotic situation. By means of this effort,Pufendorf established a system of natural law,which with the order of philosophy as its core,on the basis of ideological predecessors' natural law theories,and the essence had been received in Pufendorf's natural law thoughts. By his reform and innovation,Pufendorf's natural law has contained very rich wisdom. With the transmission of Pufendorf's natural law thought,some jurists have obtained different inspiration from his theory of natural law. Such as John Locke from the UK,had promoted ration against radical concept of natural right,and Kant from Germany,had established the permanent democratic-peace theory of his own. Beyond that,In the 17 th and 18 th centuries,Pufendorf's classic On the Laws of Nature and Nations in Eight Books had been translated into many foreign languages and reprinted many times in the two centuries in Europe. This work had also been designated for professional teaching material in many universities in Europe. These suggested that Pufendorf's natural law has important academic value. Therefore,Pufendorf's natural law thought is worthy of our in-depth research.Besides preface and conclusion, this paper will be divided into three parts.For the first part,through discussing the origins of Pufendorf's natural law,videlicet,Grotius' and Hobbes' respective natural law,I intend to induce out alternative definition of natural law, natural law and rational contract theory, property rights theory and the relationship between countries,and so on. Then I summarize Hobbes' natural law and theory of state,to bury under the origin of bedding for later Pufendorf's theory of natural law.For the second part,I explore Pufendorf's natural law thoughts specifically. First of all,I briefly summarize Pufendorf's historical background and academic background of the formation of natural law thought. Second,specifically I analysis the origin of natural law and its relationship with the actual law, the basic principles of natural law, property rights, social contract and civil society, the state theory and perpetual democratic-peace thought and moral science,analysis comparatively with Grotius' and Hobbes' similarities and differences of natural law,then induce the inheritance and transcendence of Pufendorf's natural law thoughts above Grotius' and Hobbes' respective natural law.For the third part,I analysis the profound influence of Pufendorf's natural law thoughts briefly. Here,I take Locke's property rights theory and Kant's permanent democratic-peace thought on the influence under the Pufendorf's thought as samples to discuss. |
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