The “Integration" Of Reason And Will | | Posted on:2020-08-27 | Degree:Master | Type:Thesis | | Country:China | Candidate:Y Wang | Full Text:PDF | | GTID:2416330572994344 | Subject:Legal theory | | Abstract/Summary: | PDF Full Text Request | | The writing of this article is divided into three parts,The first part deals with the existence of natural law,the second part explores the cognitive problem of natural law,and the third part discusses the binding problem of natural law.On the issue of the existence of natural law,the text mainly introduces the five proofs of Locke’s existence on natural law.In the first paper of the early natural law,Locke proposed five arguments to prove that natural law exists.Since these arguments are generally considered to be ambiguous and inadequate,they have not received the attention and research of domestic academic circles.However,considering the theoretical tendencies and core controversies of Locke’s natural law thoughts,these five proofs are crucial.It directly reflects how Locke deals with the natural law tradition and his own definition of natural law.Moreover,the Strauss School interprets Locke in a "hidden" way of writing.It is from these proofs that it analyzes the contradiction between the texts and then determines that Locke deviates from the tradition of natural law.By analyzing these five proofs and related theoretical controversies,the text clearly shows the original ideas and contradictions of Locke’s thought.The second part of this paper considers the cognitive problem of natural law,combining the contents of the second to fifth parts of Locke’s early natural law paper.Locke criticizes the two traditional paths of understanding natural law—Traditional natural law and the concept of innate ideas.This raises the true cognitive way of natural law —the light of nature,Rational ability provides a tool for the cognition of the law,and the sensory material is the material that traces the source of natural law.The existence of natural law is the conclusion of rational integration of sensory materials.It is based on empirical observations and narrative inferences,and thus relies on a series of assumptions.From the creator God to the legislator God,from the nature of man to the inevitability of the natural law,In my opinion,these are the tensions that Locke starts from the attitude of empiricists,while insisting on the objective existence of natural law,which is also the result of his compromise as an empiricalist.The third part is based on the binding force of natural law.It explores the source of the binding power of Locke’s natural law,the tension of rationalism and pathelism in Locke’s natural law thought,and the basis of binding force.At the end of the question,the text lists two other major attacks by the Strauss School on binding force of natural law,that is,the law does not explicitly publish and the loss of punishment effectiveness.The conclusion part summarizes the core content of Locke’s natural law thought,introduces Locke’s inheritance and innovation of traditional natural law theory,and also shows the severe problems and tests it faces. | | Keywords/Search Tags: | Locke, Natural Law, Innate Concept, Rationality, Feeling, Binding Force | PDF Full Text Request | Related items |
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