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Construction revelation of Modern Western Philosophy of Contemporary Chinese Philosophy of Law

Author: LiYanSong
Tutor: ZhangKuiLiang
School: Heilongjiang University
Course: The philosophy of Marxism
Keywords: Modern Philosophy of Law Natural justice Positivism Normativism Construct
CLC: D90
Type: Master's thesis
Year: 2006
Downloads: 238
Quote: 0
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Abstract


In this paper, combing analysis of the status quo of modern Western philosophy of law , as well as analysis of the development status and the basic spirit of the philosophy of law , pointed out that the Western Philosophy specific impact on the development of China 's legal philosophy , philosophy of law system in China and build future modern thinking in the context of Western Philosophy . This paper, the method of Kant , Hegel's philosophy as a background ideology of the Modern Western philosophy was briefly discussed . Modern Western philosophical system , including utilitarianism of Bentham as law school , and Austin , Kelsen , Hart represented by the empirical analysis of Jurisprudence faction , represented by Savigny historical school of law and Marx as the representative of the Marxist school of law , European social law school and the reality of the experience of the United States ' law philosophy . The paper further pointed out that we should be based on natural justice , combination of positivism and the norms of international humanitarian law, philosophy and other modern Western law philosophy to build our own philosophy of law system of thought .

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CLC: > Political, legal > Legal > Theory of law (Law)
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