Paper代写：Grotius Theory of Natural law－r51due

下面为大家整理一篇优秀的paper代写范文- Grotius Theory of Natural law，供大家参考学习，这篇论文讨论了格老秀斯的自然法理论。格老秀斯是近代西方自然法理论的奠基人之一，自然法理论是他的社会政治思想的基石，他关于人的自然权利的思想就是以自然法的形式加以表述的。在他看来，自然法是正当的理性准则，它指示任何与我们理性和社会性相一致的行为就是道义上公正的行为。

Grotius is a famous western modern law thinker, his book "War and Peace Law" has laid his "international law originator" of the seal, who do not know Grotius in the history of Western political philosophy important position. By analyzing Grotius's analysis of the theory of natural law and comparing other related thought theories, this paper tries to prove that he has exerted great and far-reaching influence on the ideology of bourgeois revolution period, so as to arouse the attention of academic circles to the study of Grotius political philosophy thought.

On the whole, Grotius's political philosophy has a strong and moderate color, which reflects the position of the Dutch bourgeois at that time. The Dutch bourgeoisie, with the assistance of the people, struggled with feudal oppression and had won political independence, but feared the enthusiasm of the revolution. However, the theory of natural law in the modern sense, the nature right theory and the social contract theory are Grotius first proposed and elucidated, which has a great influence on the ideology of the bourgeois revolution period. And he failed to infer that he should have made further claims. His conservative sovereignty was determined by the actual situation in Europe at that time and his own class status.

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As early as Fifth century BC, the Greek School of Sophistry separates nature and law from the wisdom and permanence of the former, which is arbitrary and originates from politics. Some sophistry believe that natural law determines the evolution of natural phenomena, and that people rely on the ability of reason and will to perceive good and evil, and can make people develop in the direction of natural morality. These views were later accepted by Socrates, Plato and Aristotle. They think that the real law always contains certain fixed standards, which are natural laws that represent natural justice. Natural law refers to the whole set of rights or justice that the entire human being upholds. As a universally recognized principle of legitimate conduct, natural law is often the symmetry of real law. In the early Third century A.D., the stoic school systematically proposed a set of egalitarian natural law ideas. The school believes that natural law is the same as moral meaning, which is connected with the rationality shared by mankind, so the natural law can be universally accepted. It is higher than the law of truth, and it is the standard of justice for people to judge the reality law. The ancient Roman times Cicero inherited the Greek natural law thought, which made it the basis of the law of the peoples of the Roman Empire. So far, the natural law is not a thinker to calculate by imagination, but to guide the blueprint of the real law, to promote the method of changing the real law. The medieval theological jurists used the mysterious factors in the ancient natural law thought to say that the natural law is the god's instruction, and that the will of God is secretly prompting and supervising people to avoid evil from good, it embodies a proper order, which is God's order. The modern bourgeois Enlightenment scholar, facing the natural law concept that only God's lofty and unmanned status in the Middle Ages, has reopened the slogan of the ancient Greek and Roman natural law theorists and transformed the natural law into the legal axiom of human-centered and basic requirement of human nature. The bourgeois completely break the feudal legal is to take the natural Law theory as the forerunner, the bourgeoisie establishes own rule of law order also is the comprehensive practice to the natural law theory.

Grotius is one of the founders of modern Western Natural law theory, and the theory of natural law is the cornerstone of his social and political thought, and his idea of human nature right is expressed in the form of natural law. Grotius divides the law into two main categories: natural law and the meaning method. The method of meaning is divided into two kinds: the Divine Life Method and the artificial method. Although the Divine Life method is higher than the artificial law, it resides under the natural law. In his view, "Natural law is a legitimate rational principle, which instructs any act that is consistent with our rational and social nature to be morally impartial: on the contrary, morally sinful behavior." "In other words, natural law is the most basic and decisive law, it is the order of real rationality, is the standard of all acts of good and evil." This view is not only different from the concept of natural law in ancient Greek and Roman times, but also differs from the medieval view of adding the concept of God to the natural law. After Grotius, Hobbes uses "selfish", Locke uses "Reason", Rousseau uses "will" to explain the natural law. These belong to the category of human nature. Therefore, the concept of modern natural law is associated with the bourgeois theory of human nature.

Grotius says that man is a animals that differs greatly from other animals and has its own characteristics. One of the unique symbols of human beings is that people have a strong desire to live in social life, to conform to the requirements of rationality and the trend of peace. These aspirations and demands can be realized only by virtue of the common power of society. This is the foundation of natural law. He pointed out: "The natural law is so immutable that even God cannot change it." "God and Man are equal before the law of nature, for God is also governed by the laws of nature." "God's power is limitless, but there are things that cannot be shaken even if there is unlimited power." For example, God himself could not make two times two not equal to four, and he could not turn right and wrong, saying that the essence of evil was good. "Because the law of Nature embodies justice and justice, it is effective both in times of war and in peacetime." It is the will of mankind or the order of God, which is made by man and changeable, so it can only be effective in peacetime and may be ineffective during the war period. God has no special difference with ordinary people in natural reason, even if there is no God, the man's own reason can also act as a guide to behave.

These insights are an epoch-making contribution to the issue of natural law in Grotius. Because, according to the medieval theologians, natural law is merely the use of God's will in human society and in all biological realms, and the inevitability of nature stems from the eternal nature of divine law. Grotius, however, boldly liberated the natural law from the bondage of medieval theology, restored its meaning and authority in the era of Roman freedom of law, and endowed it with the meaning of a new era. Therefore, Grotius not speak of the classical natural law, he emphasized the rational, moral natural law. In his view, the effect of natural law is neither authority nor coercion, because man is born to be a rational social animal, and natural law is in reason, so that all rational people will accept the domination of natural law.

Another important contribution of Grotius to natural law is to make property ownership an important principle of natural law. He said: "All individuals or groups of things should be examined separately and returned to their owners." The fundamental principle of the law of nature is that each has its own, and the other is its own compensation. "He has repeatedly stressed the sanctity of private property:" When property is established, a person who violates another person's will and plunder his property is prohibited by natural law. Natural law not only respects what is produced by nature itself, but also respects what is produced by human behavior. For example, the existence of real property is something that is based on the will of the human being, and once recognized, the natural law instructs us to violate the will of any one person and to take away the things of others is illegal. "The purpose of the natural law is to maintain social order and to guarantee the peaceful life of human beings." The bourgeois nature of this doctrine is obvious, for it is the bourgeoisie that seeks to perpetuate private ownership and the covenants required by the Basic Law. Grotius on the concept of property rights, as a number of modern bourgeois thinkers repeatedly elaborated, become the bourgeoisie natural human rights theory of the main principles.

It can be seen that the theory of natural law of Grotius is based on the human nature of the bourgeoisie, which is to demonstrate the social political and economic interests of the bourgeoisie and the sanctity of private property. He has repeatedly emphasized the rationality of property's human nature and property rights in order to oppose religious theology and feudal nobility. According to this theory, Grotius the requirement of the natural law containing certain bourgeois content to agree on the criterion of the law of the feudal society, thus becoming the weapon of criticizing the feudal law and the whole feudal system. He declared that the feudal law and the whole feudalism were against human nature, and put forward the requirement of establishing a new law that conformed to the legal consciousness of the bourgeoisie. Of course, Grotius himself did not derive radical conclusions from it. However, he provided a theoretical basis for the later bourgeois revolutionaries to make such a conclusion.

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