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Law, Morality And Politics

Posted on:2015-10-26Degree:MasterType:Thesis
Country:ChinaCandidate:L MaFull Text:PDF
GTID:2176330422481092Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Nazi Germany’s legal system for thinking “draconian " The problem with thetypical sense. Positive Law and Natural Law Debate on this issue unfold, are to someextent from the political dimension, but only from the perspective of the relationshipbetween law and morality to Nazi Germany to talk about " draconian " understandingof the issues, which raised over the independence of the law or moral, politicalbelittle the law. This makes it past the Nazi German “draconian " debate on the issuemerely a legal formalism and ethical value judgments level.This article is intended to Nazi Germany as historical legal basis to party“draconian " Controversy two universities as the theoretical basis, trying to propose acomprehensive interpretation of the political dimension of the issue of new ideas. Themain use of historical research, comparative research methods.Paper is divided into three chaptersRespectively, from the first chapter to interpret the typical system, the theoreticalbasis and the legal practice of the three basic characteristics of Nazi Germany wascomprehensively law, in order to be able to Nazi Germany’s first law to arrive at aproper understanding.The second chapter is to introduce the basic empirical law and natural law theoryon the " draconian law" issues, debates and limitations, in particular through theintroduction factions representative scholars Hart and Fuller ideas to revisit this lawand morality one of the classic questions of legal theory; another way to point out thelimitations of the two factions demonstrated through the analysis of the debate on theNazi Hart and Fuller " draconian " case triggered.The third chapter of Nazi legal basis for two chapters of the previous debates withschools propose solutions to the Nazi “draconian " law and political science from theperspective of the issue of new ideas, and as a way to analyze changes of the postwarGerman law.The main innovation is reflected in the legal and moral arguments way beyondpositive law and natural law tradition, we propose a method of political scienceresearch ideas from legal issues.
Keywords/Search Tags:Nazi law, Moral, Law Political Science
PDF Full Text Request
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