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Research On Natural Law Thought In Adam Smith's "Theory Of Conscience"

Posted on:2020-12-12Degree:MasterType:Thesis
Country:ChinaCandidate:J X JiFull Text:PDF
GTID:2416330602961635Subject:Science of Law
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Adam Smith has long been regarded as the "father of modern economics" in China,but his achievements in ethics and law are rarely mentioned and ignored.Smith,as a famous thinker,is distinguished in ethics and natural law.The natural law thought in the "theory of conscience" mentioned in this paper is an important jurisprudence theory neglected by Smith.Nowadays,China's economy is developing rapidly.However,the society is full of the concept of"money first".Some people will do whatever they can for the sake of wealth,which seriously impacts the traditional moral concepts.In addition,the incongruity between law and traditional virtue sometimes occurs nowadays.All this needs to use "conscience" to coordinate and deal with all kinds of contradictions.Therefore,it is of great significance to study the natural law thought in Adam Smith's"theory of conscience" for the construction of socialist rule of law in China.In the first chapter,the author describes the historical background of the emergence of "theory of conscience" in detail in the first section,and compares this historical background with China's current national conditions,so as to illustrate the feasibility of using the natural law thought in "theory of conscience" for reference.In the second section,the author discusses in detail the theoretical source of natural law thought in Smith's "theory of conscience",and the influence of stoics,Hutchinson and Hume on Smith's "theory of conscience".In the third section,the author narrates the research status of the natural law thought in the "theory of conscience",the research method and significance of this paper.In the second chapter,the author analyzes and sorts out the natural law thoughts in the "theory of conscience" in detail,and clarifies the relationship between the theory of sympathy,impartial bystander and appropriateness and conscience.In the first section,the author discusses why sympathy is the basic emotion of conscience and its natural law thought.In the second section,the author discusses the object of conscience evaluation-just bystander and standard-suitability and its natural law thought.In the third section,the author discusses the natural law characteristics of conscience,namely practicality and sociality.It also clarifies the difference between the natural law thought in Smith's "theory of conscience" and the modern rational natural law school.In the fourth section,the author discusses the relationship between conscience and deontology in detail.The general principles of natural law are studied and the role of conscience is illustrated.In the third chapter,the author makes a comprehensive evaluation of the natural law thought in Smith's "theory of conscience".In the first section,the author expounds the significance of the natural law thought in Smith's "theory of conscience" from various aspects.In the second section,the author discusses the shortcomings of the natural law thought in the theory of conscience from three aspects:the moralization of the subject,the denial of the alienation of civilization and the emphasis on the motive.In the fourth chapter,the author discusses the significance of the natural law thought in the "theory of conscience" for our country's legal construction.In the first section,the author discusses the relationship between law and morality and advocates the construction of "conscience law".In the second section,the author narrates the importance of judge's conscience and the way to play its role,and advocates the construction of "conscience court".
Keywords/Search Tags:conscience theory, natural law, impartial bystander, general principles
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