2010•Journal of Guizhou Police Officer Vocational CollegeRequires access
The Theory of Evil-law-is-no-law
Ding Yi-sheng
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Abstract
The theory of evil-law-is-no-law is one of the most well-known theories of natural law school.From Ancient Greece to modern and contemporary times,the natural law jurists have always been insisting that law should be divided into natural law and positive law.Positive law will be evil law if it goes against the requirement of natural law and evil law is not legal.Since 19th century,this theory has been challenged by the theory of evil-law-is-still-law from analytical jurisprudence.Analytical jurists believe that a law which is morally unjust,even evil is still legally valid as long as it is not expressly repealed.The theory of evil-law-is-no-law which demonstrates that people have the power to resist tyranny on the height of legal philosophy is a radical and revolutionary theory.The basic form for people to resist evil law is civil disobedience which is an open and non-violent group anti-law behavior on the purpose of altering or abolishing the evil law.Any just society should acknowledge the legitimacy of civil disobedience.