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On The Generation Of The Modern Natural Law

Posted on:2005-04-06Degree:DoctorType:Dissertation
Country:ChinaCandidate:L ZhouFull Text:PDF
GTID:1116360122481876Subject:Legal history
Abstract/Summary:PDF Full Text Request
The handy article is entitled 'On the Origin of Modern's Natural Law'. My Topic is how and whydid modern's natural law origin. I am intended to take the continuity of modern's natural Lawmore seriously between it and the former when we recognize the break between them .At the sametime, the research is helpful to status quo of legal study and good for theory and reality. All partsof the article embody the thesis.I think the problem consists in 'who is founder', 'how did modern natural law origin' and 'whatdid it origin' .All through three parts, I try to deal with the problem of the origin of modern naturallaw by legal, historical and philosophical methods .This way is in concordance with thecognitive rule of men's.The whole article may be divided into seven chapters and three parts. In chapter I, Preface, Ipresented this study's object and methodology .Chapter VII is conclusion .Chapter II-IV, 'Focuson Hugo Grotius', 'Turning to Thomas Hobbes 'and 'Other Candidates', belong to 'who isfounder' which I think none of them including Grotius, Hobbes, Samuel Pufendorf, Benedict deSpinoza,and John Lock is the founder of the modern natural law, Grotius especially mentioned asthe disputed person. Chapter V is 'The description of process of modern natural law' which I thinkmodern natural law developed from four phrase of 'Nominalism v. Realism' ,'Humanism' ,'Reformation v. Anti-Reformation', 'Modern Science', and shaped in modern age.Chapter VI is 'The analysis of Motion of Modern Natural Law', I think it is related to scientificrevolution, crisis of ecclesiastic, rise of kingship and the appearance of civil society ,whichprovide it with new means , standpoint and sample. In addition, legal jurists. especially Pufendorf,play a important role in the rise of modern natural law as a school.I think the rise of modern natural law is a natural process in nature that is inseparable to social lifeand tradition, As a result, we should emphasize more on continuity than break between relations ofmodern and former.
Keywords/Search Tags:Generation
PDF Full Text Request
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