Author: E Zhenhui
Publisher:
Publish Date: 2005-10-01
Features: Whether it is Hegel's philosophy of law or Montesquieu's theory of the separation of powers, whether it is Rousseau's social contract theory or Pound's theory of social control, all shine with the brilliant light of Western legal civilization. The Western legal schools and trends that have continuously emerged in the long course of history are a vivid embodiment of this civilization. The "Western Legal Schools and Trends" series presents a panoramic view of the doctrines, origins, and developments of various Western legal schools and trends in China, providing readers with a brand-new reading experience. — Zhang Wenxian (Vice President of the China Society of Law, Secretary of the Party Committee of Jilin University, Professor and Doctoral Supervisor of Law)
The process of modernizing the world legal system has both historical diversity and stability. Understanding Western legal schools and trends is highly beneficial for grasping their theoretical essence and core principles. The "Western Legal Schools and Trends" series provides an excellent overview of legal schools and trends as part of Western legal civilization, outlining the clear contours of Western legal wisdom and thought over a thousand years. This series helps broaden horizons, absorb the essence, and promote the modernization of China's legal system. — Gong Puxiang (President of the Jiangsu High People's Court, Professor and Doctoral Supervisor of Law)
In the long history of the development of human legal thought, the wisdom of countless legal scholars and the spirit of various legal schools and trends have been integrated. Each school and trend contains profound philosophical insights, serving as different components of human civilization's progress. Where does the wisdom of legal scholars lie, and where can one find these profound philosophical insights? The "Western Legal Schools and Trends" series, with its systematic, concise, and clear writing, and its richly illustrated pages, provides preliminary answers. — He Qinhua (President of East China University of Political Science and Law, Professor and Doctoral Supervisor of Law)
As early as the Homeric era in ancient Greece, the concept of natural law emerged. By the 17th and 18th centuries, the idea of natural law had developed into a complete philosophical system and reached its peak. In the late 19th and early 20th centuries, natural law experienced a revival. Natural law emphasizes the value orientation of law, highlighting fairness, justice, and reason, and asserts that positive law (human-made law) should conform to natural law and its fundamental principles of fairness and justice. In the West, during each major period of social transformation, natural law has served as a banner, guiding the overall direction of Western legal development. The concept of natural law has had a profound impact on the development of Western law and remains deeply ingrained in people's minds to this day. For example, ideas such as the inviolability of private property, the principle that "where there is no law, there is no crime," the inviolability of personal freedom, the sovereignty of the people, and the separation of powers all originate from the philosophy of natural law.
Natural law
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