Scientific Natural Law

In any respect,laws could be regarded as the tool that regimes apply to control the societies,therefore,the restraint upon laws is actually the restraint upon regimes themselves.In this case,the very situation in which the demand for the restraint upon regimes could be expressed and implemented in common space is,definitely,the democracy.As a mechanism for restraining positive laws,natural law which arose from the ancient Greek democratic society,emerged almost as early as the positive laws coming to being in ancient Greece.It is arguable that the essence of natural law lies in the civil rights,and the content of natural law is indeed the declaration for the value and rights of individuals.Furthermore,the justice in natural law is,with no doubt,the justice for equal personalities.Since the extinct for individual values and developments could not be wiped out,natural law kept a considerable influence among human societies even after the collapse of ancient Greek-Roman civilization and natural law certainly boosted the liberalization and democratization during the Enlightenment.But natural law was forced to withdraw from the main stream due to a misconception in Philosophy,and human had to suffer a lot from it.In this dissertation,the demonstration is started with the divergence between rationalism and empiricism,which brings out the reformation of the Philosophical basement of natural law.Moreover,the subjective factors behind the objective process for theory establishment has been noticed,and it turns into the analysis about the psychological mechanism in natural law and positive law.Combing with the theories in Philosophy and Psychology,this dissertation successfully constructs a unified theory on the values and motivations of humans,in another word,the theory on the humanity,as a hierarchy of values,starting the demonstration with the factors in Biology.And put it into the analysis towards the irrational factors in the arguments about natural law and positive law,from the perspective of mechanism.Besides the exploration deep into the human mind,the due comparison and cross conference between the theory and the reality have also been well noticed in this dissertation.Thorough the chronological analysis of natural law,especially with good attention to the political and ideological changes in every certain era,the dissertation presents the double helix like and interactive evolving path,which is focused on the faults of natural law and the overcoming of them,between the natural law and the social reality.To demonstrate the influence of natural law towards the society,this dissertation especially expounds the relationship between the natural law and the prosperity of ancient Rome and the interplay between the nationalist jurisprudence,which is one branch of the positive law,and the totalitarianism such as Nazi.Not like the general criticism to the nationalist jurisprudence from the angle of morality,this dissertation intends to understand the stubbornness of the advocates of the nationalist jurisprudence in the frame of the psychological model this dissertation constructing to help them to convert.To the respect of theorical path,Roscoe Pound's theory of “positive natural law” is actually a kind of path choice for the reformation of philosophical basement for natural law,and it was inherited,in an essential way,by the secular neo-natural law.It is the further philosophical backing for this path which the dissertation keeps digging into and it is established basing on the Dissipative Structure Theory to build a graded rules system which could connect the natural world and human society.With installed in the objective and scientific micrographic structure,the objectivity of natural law could obtain an essential backing.And the model could be used to solve some value-involved tangling problems in jurisprudence,especially when the conflict of the individual values and collective values is concerned.As a result,the dissertation explicitly stands the natural law on the individualism to diminish the space of abusing the natural law deliberately.