西方自然法思想歷史流變探析-百度文庫(kù)（Historical evolution of western natural law thoughts - Baidu Library）

1、西方自然法思想歷史流變探析-百度文庫(kù)（Historical evolution of western natural law thoughts - Baidu Library）Analysis of historical changes of western natural law thoughtJustice - this law, no matter whether it is in Rome or Athens, whether it is the present obligation or the future, is no different; it has no effect on

2、 all countries and all times. The master and ruler of this law are the gods who govern us, for God is the creator, the publisher, and the judge of the law." In ancient Rome, in the western political and legal thoughts, there was a long standing, lasting and unique concept for the west, called &

3、quot;natural law" in all western law traditions". Among them, the natural law thought is the most vigorous concept system. Dent Lev said, "two, over the past thousand years, the idea of natural law has been playing a prominent role in thought and history. It is considered to be the ul

4、timate standard of right and wrong, a model of honest life or a life of nature:. The immortal spirit of the natural law can never be extinguished. If it is refused to enter the body of the positive law, it will be like a ghost floating around the room and threatening to become a vampire to suck the

5、blood of the legal organism." Influence of natural law thinking is not only confined to the realm of thought, it was on Rome's legal system also has a substantial impact, its sign is the promulgation of the law of nations, the law of peoples is defined as the natural reason in all mankind c

6、reated by the law, abide by all nationalities equally. The natural law two, medieval Christian theology thoughts in the middle ages, the most prominent feature of the thought of natural law is that it is the natural law of scholastic theology. Engels discusses the ideology of the Middle Ages said: &

7、quot;politics and law are in the hands of the monks, as well as other sciences, became a branch of theology, all in accordance with the theological principles to deal with the traffic. The typical representative of the "self rule" was Thomas Aquinas. He divided the law into four kinds: ete

8、rnal law, natural law, divine law and human law. Each lower law had a higher value, and all the laws were finally attributed to God's reason. Aquinas in the "theology? Law" in theory of natural law on joined the so-called "eternal law," he thought, as the eternal law is the o

9、nly correct and rational, but the reason is not human reason but God's reason, other laws are derived from the eternal law. This is actually out of the natural law of the kernel to put on the cloak of religion, but also because of this, Aquinas's natural law definition had very obscure: in a

10、 rational animal, "law of eternal participation, is called a natural law. The critical 8 medieval natural law gradually lost its ", is no longer the supreme law and theology, to blend into the church to explain the theoretical tools to people's religious rule. Natural law gradually bec

11、omes a religious term and becomes more closely bound up with the will of god. Three, the classical natural law thought in the period of free capitalism is one of the important weapons of the bourgeois revolution against feudalism, and it is an important part of the enlightenment thought of the moder

12、n enlightenment thinkers. Its essential feature is that it is rationalist. Generally, Holland jurist and father of international law is the first representative on the modern natural law. The historical significance of the natural law is that it established the natural human nature as the basis of t

13、he natural law, and therefore established itThe subjective position of self. "God does not exist, natural law will still exist, the authority of the British" the British encyclopedia "explains the meaning of natural law: Generally speaking, it refers to a set of whole human rights and

14、 justice of common maintenance. As a legitimate act generally recognized principles, it is often the "symmetric positive law", with certain sanctions after the country formally promulgated and enforced by those regulations in contrast."Because of the different times and material livin

15、g conditions, thinkers have given different meanings to the theory of natural law. But as a theory or a school of law, natural law has a common pursuit of value: rationality is supreme, will is secondary. In the history of thousands of years from now on, the idea of natural law still has vitality in

16、 the west, and has become a main line of the development of western legal thought. First, the origin of the plain natural law thought and the natural law thought in ancient Greece and Rome can be traced back to the ancient Greek Platon period. In his view, the so-called justice,It is everyone who mu

17、st carry out a position in the state that is best suited to his nature". People, whether in the family or in the countryIn all respects, we must obey the eternal quality of our hearts. It is the order of reason, which we call law".The construction of rationalism in the legal context and th

18、e creation of a new world of rationalistic natural law are the first people Aristotle. He thought of the natural law of human nature in his political and national origin of the classic exposition: in human nature should be a political animal ", human nature is tending to polis animal". &qu

19、ot;"Early social groups at all levels grew naturally. All the city since they are in the process of completion, should also be a natural product "after Aristotle, the close relationship between stoic and natural law is recognized, the representative of Zeno for the first time for the defin

20、ition of" natural law natural law is justice, rationality and a reflection of the will of God; from advocating natural law God will depend on each other in equal, people under the influence of this concept of equality; natural law is a common law prevailing in the world, those local laws are no

21、t limited, natural law". The Stoics thought of natural law has been further developed in ancient Rome, the most important representative is Cicero. One of the great chapters of Cicero is that the true law conforms to the rational of nature. "It is eternal and has universal applicability -

22、even the decisions of the Senate and the Council of citizens are not free from itThis famous quote illustrates the point. The important exposition of the natural law thought after the Qing Dynasty was the English philosopher Hobbes and Rock. Hobbes and Rock constructed the natural law system to expl

23、ain the legitimacy of state power, and made the nation shake off the divinity and become the product of the will of the individual. In Hobbes's view, in the state of nature, it is bound to lead all men against the war of all. Hobbes also believes that in the mutual enemy of everyone's war, i

24、s non concept and idea of justice does not exist, no common rights and there is no law, but where there is no law there is no justice. Violence and fraud are the two main virtues in war, and human reason reveals the conditions for peace,Politics and lawThe view that profit is entirely a product of l

25、aw, as opposed to utilitarianism, emphasizes the view that "the greatest happiness of the great majority.". The former ignores individual rights, while the latter ignores individual rights. Taking into account the development and evolution of the western natural law thought for more than 2

26、000 years, although the connotation has gone through many changes and the fate has been repeated many times, it remains the most important ancient political tradition in the West for thousands of years. In nineteenth Century the famous British legal historian in the Maine law "natural law"

27、 from the actual effect, is a product belonging to the modern, it is saidDo not ask the past and seek only perfect tendencies in the future." "If nature" "this peace condition is called" the law of nature "on other occasions, so does Hobbes. Know that reason is not inna

28、te as it is in sense and memory. But through symplecticAnother important representative of the natural law in Britain is Rock. Unlike Hobbes, he believed that the state of nature was not a state of war against all men, but a state of peace, goodwill, and mutual assistance. Rock believes that the onl

29、y purpose is to establish the state of peace, security and public welfare of the people, to protect people's lives and property, it is produced by the complete equality of social members in the foundation agreed on, which is a result of people contract. Natural law, that is, reason teaches all m

30、en willing to obey it: since all men are equal and stand, no man shall harm another's life, health, liberty, and property". The legislature, governmentLaw does not become a common belief in the ancient world, it is hard to say the history of ideas, so that the history of mankind, what will

31、be a direction towards which the laws of nature while Public opinions are divergent. constant criticism and blame, and natural law as the law of historical idealism philosophy, impossible to realize in the class in the society, there will be no superior to the general category of class justice, free

32、dom and equality, and it is for the origin of law explanation is divorced from the reality of the imaginary, is not scientific. But justice, equality and the rights of its content is still the most important category of human value system, and the natural law involved in the political system, econom

33、ic structure and the idea of so many aspects such as the continuing influence. In today's opinion,There are still rallying people's appeal and people's rational pursuit and moral aspirations. The idea of natural law plays a very important role in promoting social and historical progress.

34、Institutions must be established in accordance with the law of nature. In the event of disagreement, the people have the right to take measures against evil laws and tyranny. Self defense is part of the natural law. 12 (P572) this is the characteristics of modern natural law since Rock. Grotios, Hob

35、bes, Rock, Montesquieu, Rousseau and others have injected new political and legal connotations into the classical school of natural law. As Engels said, they were "great people who inspired minds for the future revolution."". The elaboration and expansion of natural justice, natural r

36、ights and the rule of law by the natural law school thinkers laid the foundation for the modern constitutional government of the west.ReferencesThe thoughts of modern natural law four, the period of monopoly capitalism from mid nineteenth Century to the Second World War, the thought of natural law o

37、nce interrupted, the first is the history of law, then the analytical jurisprudence, sociological jurisprudence is then widely popular, has become the leading field of western law in theory. They differ in degree of natural law theory to put forward sharp criticism, like that of natural law and soci

38、al contract theory which is based on assumption based, has obvious false and untrue, not this a priori assumption from deductive reasoning to solve any problems. Thus, the natural law thought experienced a decline in nineteenth Century. Since the beginning of the twentieth Century, the idea of natur

39、al law began to revive, especially after the two world war. The main representatives of this period are Fuller, Philippines, Rawls, Dworkin and so on. As a famous representative of the new natural law school, Fuller investigated the law from the angle of the value and the ideal of law. He gives lega

40、l career moral strength and passion, ethical practice including legislators of public responsibility and modern freedom of citizens, the existing legal machinery to the effective running of 13 (P85). The contemporary American jurist Goldin M.P. commented that "the legal system" of Fuller is not ideal in his natural law ", learning is the core of the system design problem" which is different from the legal positivism, Taiwan Heart "establ