The Theory Of Maritain’s Natural Law Philosophy

This paper introduces Maritain’s natural idea, which mainly discusses the JacquesMaritain’s natural idea who is a representative figure of new Thomas. The natural law ofMaritain origin in Thomas Aquinas, their common figures of them is to admit theexistence of God and human beings can to a certain feel the experience of God’s love, sothey both divide the law, or the universe rules into four categories, that is, eternal law,natural law, civil law all (Aquinas made it "the divine law") and positive law and theyboth make the eternal law as the highest guiding and authority for other three kinds of law.Although Thomas’ theory has a far-reaching influence, but with the development of thescience and internal self-alienation of natural law, the influence of natural law in thewestern world gradually eroded, the belief in God and the rational reverence began toabate and the basis of natural law has been challenged, so although Maritain’s natural ideacomes from Thomas Aquinas, but it is not completely like Thomas Aquinas’ theory, hefaces different backgrounds of times and ethos, which asks him to put forward the newtheoretical pillar, so his thought both inherited and development Thomas’ idea. First of all,in philosophy method, Maritain puts forward endowment knowledge, only people havethat, which is human instinct of human knowledge, and with that people can know Godand the basis of natural law; in the methods of knowledge, he put forward the ontologyand epistemology, using the philosophy of concept to support his argument. He criticizethe rational of the natural law and return the natural law to the original natural law of themedieval system, putting the highest authority of natural law and natural rights to God, sonatural rights have the significance of implementing and theoretical support. He then putsforward the human rights, thinking that human rights are based on human nature whosedirect source is the natural law, the final source is the eternal law, so the foundation ofhuman rights has been consolidated, so the foundation is no longer the ration which islack of logic scrutiny. This paper introduces the ideological basis of Maritain’s natural lawand origin, and discusses its contents, the human rights then is illustrated.This article is divided into six parts:The introduction puts forward the research background, significance and researchmethods.The first chapter of the main body part introduces the Aquinas’s legal thoughts andthe inheritance and development of Maritain’s legal thoughts to Thomas. The second chapter of the main body part introduces the methodology of Maritain’snatural idea, and with a philosophy method, people can understand the Maritain’s naturalidea further.The third chapter summarizes the natural law, after understanding the method of thestudy, this paper gives a simple definition of Maritain’s natural law.The fourth chapter summarizes above content and derives natural rights, humanrights from the natural law, this paper then discusses the essence of natural law ofMaritain, namely theories of human rights.The conclusion part is the summary of Maritain’s the thought of natural law, both toMaritain’s understanding of the natural law, but also to the reflection of his thought.