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On the Natural Law Thinking and Rule of Law in China’s Modernization

Author: XuWenChao
Tutor: LiZhenJiang
School: Henan University
Course: Legal Theory
Keywords: Natural Law Rationality The rule of law
CLC: D920.0
Type: Master's thesis
Year: 2010
Downloads: 266
Quote: 0
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Abstract


This article title as \Inspiration. Select a reason for this topic is mainly based on the following two aspects of objective and subjective reasons: First, the theory of natural law thinking of the status of their own decisions. Two thousand years, the natural law has been occupied an important position, it is like an axis running through the development of Western legal culture has always been, thus promoting the development of human history and the progress of civilization. Many thinkers to give it a very high rating. As the great Italian scholar Dengteliefu in his famous \grounds. was considered the ultimate standard of right and wrong, life is upright or (together in the natural life) of the model. \Natural law itself determines its supremacy in the history of Western legal thought has full charm, this charm is also driven by the author produced a study on the natural law of interest and curiosity. Of course, the whole history of ideas of natural law is both an interesting thing, but it is also a daunting task. Why study of natural law thinking so much difficulty do? Summed up saying the following reasons: First, a wide range from the merely historical approach angle, it relates to, philosophy, political science, theology, history, science, ethics, law and so on. Many disciplines, and there are cross broad areas; Second, the passage of time, the ancient Greek period began, to the ever-changing contemporary ideological influence of natural law than 2,000 years of human history, today still limitless energy to guide humanity development and advancement; Third inherent complexity, this complexity on the one hand reflected in every stage of its development the complexity of natural law, such as representatives of numerous and complex ideas. Even in the same stage but also on the natural law to classify; hand is also reflected in their stage of development on the complexity: the historical sequence of the development of natural law can be roughly divided into three stages of development, in ancient Greece and Rome Medieval theology and natural law (the ancient natural law), modern rationalist natural law (classical natural law) and the contemporary revival of natural law (New Natural Law). All of these studies on the natural law thinking difficult. Post by introduction, body and conclusion of three parts, a total of 30,000 words. Introductory section, the main significance of the topic of the article introduces the basic ideas, Transcend and perceptions, research methods. The first part of the shallow body part you want to analyze the history of natural law approach, with its main representative as an opportunity to expand its main points discussed, including the ancient - Natural Law of initiation; Modern - Natural Law of the prosperous; Modern - Natural Law Thoughts Decline and Revival. The second part of the body and thus discover its evolution, pointing out the rheological natural law is the negation of the negation process, natural law has ongoing development features, natural law and politics in the \the basic spirit of natural law is always supreme reason, the future trend of natural law is the ideal good laws. The third part discusses the current text of the modern rule of law in our country can gain some inspiration. Pointed out that the first thought of natural law is conducive to enhanced awareness of citizens' rights, and the second law of natural law thinking in favor of faith strengthened, and the third natural law to strengthen the rule of law in favor of socialism, the fourth harmonious natural law thinking helps society. Epilogue, mainly discusses the essence of relying on natural law thinking argument applies to the current rule of law in China's modernization process, and to solve practical problems in the meantime.

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