Dissertation > Political, legal > Legal > Theory of law (Law)

The Nature Law’s Methodology Value

Author LiuBaoPing
Tutor ZhuSuRen
School North China University of
Course Legal Theory
Keywords nature law methodology "TIANDAO" thought weakness
Type Master's thesis
Year 2007
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The nature law has great achievement in the past thousands years. It plays an important role for the western culture. From the stoic school use the "nature law" formally, the nature law theory had been the basic element of the western culture. The stoic school’s nature law is the rational nature law. The reason belongs to the man and the god. The rational nature law is of a high level of the law of man made. Thomas Aquinas found the theology nature law. In his theory the nature law is regard as the god’s inspiration. The nature law belongs to the god’s law but is of a high degree of the law of man made. The classical nature law derivations the nature law from the nature condition theory. The classical nature law makes individualism as the heart of the theory. The classical nature law has been the guidance ideology. It offers the sovereign rights, a division of power idea and so on for the modern system of government. After the brief decline, the new nature law trys to change the nature law from a pure theory to the system that can be operated. The nature law’s "procedure justice" became the point that the new nature law pays attentions to.The nature law theory plays an important role for the western civilization in the long history. It offers the guidance theory for the western system building. But ,it plays an more important role for the western is it provides a methodology. How the nature law became the methodology and what role it plays during the development of the western civilization is the point of this paper. The nature law methodology emphasizes the moral judgment and individualism. The nature law methodology pays attention to the individual feeling of everyone. Before the examine of the individual feeling, every authority、ru le、law is doubtful. The individual experience is the most important thing that can be trust. Every glorious theory、declaration need to be examined in the from of the moral feeling. This is the most valuable of the nature law methodology. The china traditional methodology is "TIANDAO" methodology. It stresses the familism. It takes use of inculcating and forcing to carry out ’TIANDAO" theory. From the compare of the nature law methodology and the "TIANDAO" theory, we can learn from the nature law methodology that we can look this world from the individual visual. The nature law methodology will play an important role for building the modern society. This is also the purpose of this paper.

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