The new natural law is an important point of view for one of the following jurists

The main idea of the natural law school: The doctrine of natural law holds that in nature, and especially in the natural nature of man, there is a rational order, which provides an objective value position independent of the human will, and uses this position to critically evaluate the structure of law and politics. The original concept of rights in the natural law school was more tinged with "natural" rights, and people are born in nature, and human rights also come from nature.

The natural law school refers to the school of law that takes the natural law that manifests the harmonious order of the universe as the standard of justice, insists on the absoluteness of justice, and believes that the true embodiment of justice is the natural law that exists in the human heart outside the agreements made by human beings and the laws formulated by the state, rather than the rules themselves generated by the agreements of people.

The natural law school is the mainstream legal school in the world today. Representative figures such as Grotius, Locke, Montesquieu, Rousseau, Paine, Jefferson, etc. The natural law school attaches great importance to the objective basis and value goal of the existence of law, that is, human nature, reason, justice, freedom, equality, and order, and attaches importance to the exploration of the ultimate value goal and objective basis of law.

Natural law is a moral principle. Grotius pointed out that natural law is the legitimate norm of reason, which instructs that any action that is consistent with our reason and sociality is a morally just act; Rather, it is morally sinful.

Answer]: a, b, d

The representatives of the modern new natural law school include Fuller, Rawls, and Dworkin, and Kelsen is the representative of Xunsun's 20th century analytical law school.

Subjective idealism.

Man legislates for nature" is a philosophical view put forward by Immanuel Kant, the representative of classical German philosophy. In layman's terms, the assertion is that laws are the product of man's subjective spirit.

This is a typical philosophical view of subjective idealism. However, the emergence of this philosophical thought represents the progressive spirit of that era.

Subjective idealism or subjective idealism is a philosophical theory. It proposes that the mind of a subject, such as its feelings, experiences, consciousness, concepts, and/or will, is the root and basis of the emergence and existence of things in the world, and that everything in the external world is the feast derived from these subjective spirits, the manifestation of these subjective spirits.

The philosophy of subjective idealism is one of the basic forms of philosophy. Subjective idealism, subjective spirit, consciousness, rules, friends, blind laws, concepts, etc., belong to the origin of the world.

Subjective idealism.

The idea of man-made legislation for nature is subjective idealism. Man-made legislation for nature is an important conclusion reached by Kant's "Copernican Revolution". We generally refer to the universal necessary connections between foods as laws, but Kant said that these universal necessary connections are not inherent in things, but are possessed by categories.

It proposes that the mind of a subject, such as its feelings, experiences, consciousness, ideas, and/or will, is the source and basis of the emergence and existence of things in the world, and that everything in the external world is derived from these subjective spirits, and these subjective spirits are manifested.

Idealism is one of the two basic schools of philosophy, and it is a philosophical system of thought that is opposed to materialism. The basic meaning of the idealistic ambition is based on the philosophical ontology of the relationship between thinking and existence, spirit and matter, which holds that spirit (consciousness) is the first nature of the world, and matter is the second nature of the world.

The idea of man-made legislation for nature is subjective idealism.

Subjective idealism or subjective idealism is a philosophical theory. It proposes that the mental turmoil of a subject, such as its feelings, experiences, consciousness, concepts, and/or will, is the root and basis of the emergence and existence of things in the world, and that everything in the external world is derived from these subjective spirits, and these subjective spirits are manifested.

The views of "my mind is the universe" of the Chinese Lu Wu Gai Jiuyuan Mind and the British Berkeley's "existence is to be perceived" and "things are a collection of ideas" are representative and typical subjective idealism.

Introduction: It should be said that "Theory of Ideas" is more accurately translated than "Idealism". Nowadays, the "forms" of Plato's figures and entities are called "rational theories" to distinguish ideas from epistemology. Plato's rational type is not empirical (a priori), so "rational type" is a more appropriate translation.

Philosophy can be divided into two major schools, idealism is one of the two basic schools of philosophy, it is a theoretical system that is opposed to materialism. Idealism is a philosophical school that advocates that ideas are the first nature of the world and matter is the second nature of the world, that is, matter depends on consciousness for its existence, and matter is the product of consciousness.

Viewpoint: First, about the nature of the law. The natural law school believes that law is essentially an objective law, and the law formulated by the legislator must be based on the objective law, which is the nature of the universe, nature, things, and man, and is a reflection of "reason".

Second, the law is eternal and unchanging in nature, nature, sociality, and reason. True law should be in conformity with it, especially with reason, or based on reason, which is eternal and unchanging, and has universal applicability.

Third, the function and purpose of the law is to realize public will and justice.

Fourth, the law and its concepts should be consistent with people's values and moral concepts, and natural law is the result of the absolute standard of human search for justice.

Development: A school of jurisprudence characterized by an emphasis on natural law that represented the interests of the emerging bourgeoisie in the anti-feudal Enlightenment and revolutionary struggles of the century. One is called the natural law school.

After the Enlightenment, the theory of natural law finally became an independent rationalist system of thought. To be independent is to be independent of the church and theology. The Dutch jurist Grotius believed that the universe was governed by natural law, and that the natural person was constituted by the norms that necessarily arose from the fundamental nature of man.

Hobbes in England proposed the social contract hypothesis, which holds that the social contract is a contract that gives rulers the right to govern in order to get out of the selfish and cruel state of nature, but the rulers must obey natural law.

The historical influence of the natural law school is many, and its influence on modern Western legal thought is like the influence of Marxism on China in the last century.

There are many representatives of the natural law school, including Grotius, Locke, and Montesquieu.

Rousseau, Paine, Jefferson.

France AComte is often considered the founder of early sociological jurisprudence in Western legal writings. An early representative of sociological jurisprudence was the British sociologist H

Spencer believed that society and the state, like living things in nature, are one organism; The relationship between people is also a competition for survival and the survival of the fittest; The task of law is only to preserve individual freedom; Every man is free to engage in any activity he pleases, provided that he does not jeopardize the same freedom of others. Austria.

Sociologist LGomplovich believed that the driving force of social development was ethnic struggle; The state originated from the conquest of the weaker primitive peoples by the stronger primitive peoples; Law is a tool for the ruling group in society to rule over the ruled group through state power; The principle of law is not equality but inequality. French sociologist G

Tarder and the American sociologist Ward are considered to be the founders of the psychological school of law in early sociological jurisprudence. The main representatives of the new utilitarian jurisprudence at the end of the 19th century, Yellin and Neo-Hegel.

The founder of law JKohler is also considered to be the founder of the early school of social law. The main representatives of the social law school in the 20th century are:

Austrian jurist EEhrlich, German sociologist MWeber, Jurist H

Kantorovich and the American jurist RPound et al. The school of analytic law is Bentham and Austen.

for the main representatives.

In ancient times, the representatives of law were Shang Ying and Han Feizi.

The classical school of law refers to a kind of secular natural law produced in the stage of Western liberal capitalism from the 17th to the 19th centuries, which was produced on the basis of natural law that criticized medieval theology, and was the product and sharp of the bourgeois anti-feudal struggle. Their representative and his book are Grotius's The Law of War and Peace

Hobbes's Leviathan, Locke's On the Spirit, Montesquieu's On the Spirit of Law

and Rousseau's Theory of the Social Contract

The natural law of this period has the following obvious characteristics: 1. Taking human beings as the starting point of research and taking human reason as the starting point.

Law. the basis and the main criteria for measurement; 2. Emphasizing the rights of individuals and putting forward the theory of natural human rights; 3. The content of natural law is discussed in detail; 4. Combine the idea of natural law with the social contract, etc.;

However, at the end of the 19th century and the beginning of the 20th century, some Western jurists began to attach importance to and study the concept of natural law again, and the theory of natural law was resurrected after being treated in the cold for half the world, that is, the new natural law

The Englishman John Phoenix's Natural Law and Natural Rights

American John Rawls's A Theory of Justice and Ronald Dworkin's Taking Rights Seriously

The new natural law of this period has the following characteristics: 1. A new interpretation of the concept of "natural law" is made, which is no longer understood as a kind of law parallel to positive law, but more understood as a law hidden behind the scenes that can play a guiding role in the implementation of written law; 2. Changing the previous belief that natural law is immutable, and now emphasizing the mutability and relativity of natural law; 3. Absorb and learn from the views and methods of other schools of law.

The basis for the validity of international law is a basic theoretical question of international law, that is, what is the basis of international law that binds the subjects of international law.

International law scholars have put forward a variety of theories and formed different schools of thought. In the early days, international jurists were concerned about this basic theoretical question.

There are two main schools of thought: the natural law school and the positive law school. Later, between these two schools of thought, the so-called eclectic school of law emerged, the Grotius school of law.

The school of natural law. The natural law school is the earliest school of law in the history of Western jurisprudence, which flourished in Europe in the 17th and 18th centuries. The earliest representatives of the natural law school in international law were Victoria and Suariz in Spain, and then Pufendorff in Germany.

Victoria believed that international law was derived from natural law. Sualitz, on the other hand, believed that the basis of international law was the moral and political "union" of the whole human race, based on the natural precepts of mutual fraternity and forgiveness, and this "union" was natural law.