Studying The Thought In The Property Of The Classical Natural Law School

Property theory is an important aspect of modernism, especially with the emergence of contemporary-civil society and the issues of the highlighted national wealth. The issue of private property rights has been one of the many thinkers'analysis of the inspection points. On the ideological roots, a modern property rights theory can be traced to all the way backing to the ancient concept of natural law. Modern property rights of natural law theory is the starting point. For classical natural law school of thought thinkers attach great importance to the issue of property rights. Not simply from the perspective of legal theory to consider,they are not professional jurists. They research the issue of property rights,and not confined to the boundaries of civil law, not a law,but a political issue,a political philosophy must fundamentally solve the problem.In the Grotius's thinking,if it just ceased to exist,the modesty replaced by the stoicism ambitions and violence,private property has become an eternal phenomenon. God gave the land to humankind,which will share the land, No one can stand alone or simple possession and establish their legitimate rights. According to natural law,all people have equal rights,they do not respect the rights and special privileges to the exclusion of specific obligations. However the teach from the natural law ,we must abide by the will of the agreement reached. The private property will be based on the habits and thus resulting in a property agreement; Hobbes asserted stressed that the pre-Leviathan (countries) to create a property right; Locke is the spokesman of the capitalist spirit. He emphasize that lives,liberty and property is sacred and inviolable natural rights, and the government only make the establishment of such individuals about the original property into a system level protection,so that to become a basic national legal system; Rousseau appeared as a civilian spokesmen of the petty bourgeoisie . Rousseau stress : Labor can only have possession of their property and the ownership of property can be produced only by the social contract. Rousseau have recognized that the social contract can the ownership of property. So their property is commensurate with their social contract and with the assumption that the abstract individual,closely linked with the concept of natural law. The origin of the Property and nature of human society have close political relations. Even a certain sense,it is the political community that built a solid foundation for the political-society.In such a context,we can rethink Grotius, Hobbes,Locke's the theory of the property rights as well as Rousseau's property theory,you will discover that they have a great significance.This dissertation is intended to natural law thinking and clues to the evolution of the social contract theory through comparison of the four predetermined natural state. the research-way of the natural law and social contract theory to their implicit of the property rights, and in the legal philosophy behind the widely divergent thinking. The research about the political philosophy and ethical reasons for the differing concepts and make the dissertation become a comprehensive system.