Rousseau In The Nature Law Tradition

Rousseau is a secretive people, natural law is a mysterious law, what kind of dazzlingsparks clashes will happen when a secretive people encounter a mysterious law? Rousseau isthe inheritor of the tradition of natural law? Rebels? Or Terminator? The " Rousseau in thenatural law tradition " is contribute to such abstruse problems, to explore the mysteries ofRousseau and the natural law tradition. Paradox people often easily misunderstood, the mostmysterious of the law is often confusing, elusive blend between Rousseau and enigmaticnatural law is confusing, daunting. I write this paper is intended to elaborate Rousseau whohas two rebellions to the thoughts of the western natural law: in inheriting the thoughts ofmodern classical natural law’s “natural rights”,“social contract” and “people’s sovereignty”theorys, Rousseau begins the first revolt to “natural obligation”,“natural teleology” and“philosopher king” of the thoughts of ancient natural law. While inheriting the thoughts ofclassical natural law at the same time, Rousseau uses his “emotion principle”,“collectivism”and “return nature” theories revolting to modern classical natural law “rationalism”,“individualism” and “surper-overcome nature” theories. this is Rousseau’s second rebelling.Through posts in the thoughts of the Western natural law to study Rousseau, thus revealsthe secret instruction to the world from Rousseau--person who becomes free, virtue andregresses the humanity integration.This paper contains four parts: introduction, main body,conclusion and references. themain body is divided into five chapters.Introduction: On the one hand, it has mainly introduces Rousseau’s experiences, workand influence. on the other hand,it has introduces Rousseau’s research status of domestic andforeign and the research methods and the aims of writing.This paper analyzes Rousseau’snatural law thoughts by the jurisprudence, philosophy, historical and comparative researchmethods, whose purpose is to determine Rousseau’s position in the Western natural lawthought history.The first chapter: It mainly is to clarify the philosophical connotation of natural law andconsiders the natural law has the law and morality dual attributes.The second chapter: It elaborates Rousseau’s previous development of natural lawthoughts, and which including three parts of contents: The first is the natural law thoughts ofancient Greek and Rome time; The second is the natural law thoughts of medieval time and the third is modern classical natural law thoughts.The third chapter:It analyzes Rousseau’s inheritance and development to modernclassical natural law thoughts and considers that Rousseau has inherited and developed theclassical natural law thoughts from three aspects:The first is natural rights theory; The secondis social contract theory and the third is civil rights (people’s sovereignty) theory.。Rousseau inherits these three aspects of modern classical natural law thoughts, which isa rebelling to the ancient natural law thoughts “natural obligation” and “natural teleology”and “philosopher king rules” theories, which is Rousseau’s first rebelling to Western naturallaw thoughts.The fourth chapter: It proves Rousseau’s revolt to modern classical natural law thoughts,and it mainly includes three parts of content: The first is in foundation of natural law,Rousseau rebells against the rationalism of modern natural law thoughts with its emotionprinciple. The second is the end of social contract, Rousseau rebells against the individualismof modern natural law thoughts by the collectivism (the general will of community) and thethird is in function of natural state, Rousseau’s “return nature”rebells against the modernnatural law thoughts’“super-overcome nature”. This is Rousseau’s second rebelling toWestern natural law thoughts.The fifth chapter: It elaborates Rousseau to compromise the conflict of the ancientnatural law thoughts and the modern classical natural law thoughts,which emphasis on thatconbine the individual freedom and civil virtue to together. What’s more, Rousseau create the“general will” theory which substituted for the natural law thoughrs, thus ended the Westernrational natural law thoughts and opened the prelude of German will thoughts.Conclusion: It outlines Rousseau’s traditional position in Western natural law, andconsiders that Rousseau is a successor, a rebel, and is a pathfinder. By the elaboration ofRousseau’s natural law thoughts, which reveals its final intention of his writing.This paper has two creative points in general. In perspective of research, this paper putRousseau in the Western natural law thoughts history to inspect, which highlights Rousseau’simportant position in Western natural law traditional thoughts.From the content of theresearch, this paper construction is grand, the vision is broad, and the material iscomprehensive, which takes Rousseau’s natural law as the breakthrough point, and progressesto reveal Rousseau’s final intention.