Historical Development of Natural Law 100

Develop. It sprouted in ancient Greek philosophy, in which the school of the Sophists distinguished between "nature" and "law", arguing that "nature" was wise and eternal, while law was arbitrary and motivated only by expediency.

Socrates. Plato and Aristotle.

It is asserted that eternal and unchanging criteria can be found as a reference for evaluating the merits of written law. Among them, Aristotle believed that there is a natural law or justice that can be discovered through reason and has the same authority everywhere. Stoics.

A new view was introduced, and a equal natural law was conceived, that reason was common to all men, and that the state of nature was a harmonious state controlled by reason, but had been destroyed by selfishness, and that the state of nature should be restored, and to live according to reason is to live according to nature. This is where the idea of natural law in Roman law originates.

Medieval canon law scholars were accustomed to harmonize natural law with divine law, but some scholars emphasized God's reason in natural law, while others emphasized God's will.

Enlightenment. Later, the theory of natural law finally became an independent rationalism.

Ideology. 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.

Historical influences. The natural law school is the mainstream legal school in the world today. Representative figures such as Grotius, Loque, and Montesquieu.

Rousseau, Penth, Jefferson.

Wait. 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.

Classical natural lawThe main theories include the following:

1.Cosmic Order Thought:

The classical natural relics bureau believes that there is a certain order in the universe and human society, and all aspects of human society must be carried out according to this order, otherwise it will cause injustice and chaos.

2.Principles of Natural Law:

Natural law refers to the universal moral and legal rules of mankind, which are not made by ** or official, but are directly determined by nature, gods, established universal morals and customs, etc.

3.Meaning takes precedence:

Classical natural law emphasizes the essential meaning and spiritual connotation of rules, which are for the purpose of safeguarding human dignity, equality, property, speech and other rights, rather than to maintain the normativity of the act itself.

4.Principles of the Social Contract:

Classical natural law holds that the formation of a rational social and political order needs to be achieved through a social contract. People must establish legal and ethical norms through consensus and agreement.

In short, classical natural law emphasizes the principles of morality, justice, and fairness, and advocates that human society should follow natural law, arguing that these principles are based on the cosmic order and the nature of human nature, and can be established through social contracts, and provide a stable and rational mode of thinking for formulating public policies and legal issues.

Classical natural law is a legal philosophy that originated from the ancient Greco-Roman period in Europe, which advocated that law should be based on natural law, that is, based on essential rules such as morality, justice, and fairness, and believed that these rules were determined by natural nature.

The theories of classical natural law have profoundly influenced the formation and development of modern European legal systems, such as the drafting of the American Declaration of Independence and the ideological guidance of the French Revolution.

At the same time, the theory has faced some criticisms, such as its failure to resolve the contradiction between the interests of minorities and the interests of the majority. Overall, classical natural law provides an important framework for thinking in today's legal and philosophical circles, leading people to think about the nature and value of the formulation and enforcement of legal rules.

The most fundamental characteristic of classical natural law is that it is rationalistic. The Enlightenment thinkers of the time rejected the idea of treating man as a slave to God, emphasizing the rediscovery of man and his worth and dignity. Therefore, natural law is the law of reason.

According to Hobbes, everyone should be given a certain amount of property, and people should be allowed to buy and sell in order to contract with each other and choose their own trade. According to Locke, the purpose of law is not to abolish or restrict liberty, but to protect and expand it. Montesquieu also believed that human freedom was the highest goal that the state should achieve.

At the same time, classical natural law also advocates individualism, that is, the individual-centered, with individualism as its value. It considers the individual to be the owner of himself and his capacities, that society has no right to deprive individuals of their liberty and property without their consent, and that the State should try not to interfere with the individual's freedom of life and movement. The idea of emancipation of individuality and freedom of will in natural law doctrine is the legal philosophical basis for the rise of the principle of freedom of contract.

The historical development of the dialectic of nature is as follows:

The natural philosophies of the ancient East and the West were adapted to the embryonic state of natural science, and the materialist and dialectical ideas in them were of a simple and intuitive nature. Since the establishment and development of modern experimental natural science in the West since the 16th century, the materialist philosophy and the materialist view of nature have correspondingly made significant developments.

However, since mechanics was the first to be fully developed and widely applied in the natural sciences, and because the natural sciences were still in general until the eighteenth century in the stage of collecting materials and conducting research in a category that did not develop enough to reveal the historical development and extensive connections of the natural world, the knowledge of nature at that time was in a narrow condition, and the materialist view of nature at that time had mechanical (mechanical) metaphysical limitations.

German classical philosophy, especially Hegel's philosophy, is rich in dialectical ideas, which is also related to the development of natural science. But classical German natural philosophy, though it contains many insightful and rational things, is elaborated in a mystical form, where the idea of the dialectic of nature is of a speculative, idealistic nature.

This philosophy of nature, in its form, system, and method, is separate from and above the natural sciences. The first gap was opened in the metaphysical view of nature, beginning with the theory of nebulae proposed by Kant in 1755 and Laplace in 1796 in an attempt to reveal the history of the evolution of celestial bodies.

A series of discoveries in the natural sciences since the nineteenth century: Wühler's urea synthesis (organic matter from inorganic matter) (1826), Ryle's theory of geological evolution (1830), the cell theory of Schleiden and Schleiden (1838, 1839), the law of conservation and transformation of energy by Meyer et al. (1842), and her comparative physical geography in Hamburg (1845).

Erwin's theory of biological evolution (1859), Maxwell's theory of electromagnetism, Mendeleev's periodic law of elements (1869), and so on (among them, energy transformation, cell theory and evolution theory were called the three major discoveries by Engels), so that the historical development and universal connection of the natural world are increasingly prompted, and the whole natural science has undergone a development process from experience to theory, from analysis to integration.