Natural Law from God's Will to Rational Order ——he History Development and Function of Natural Law
Chén Jìng
Abstract
Chén Jìng
Abstract
Regarded as classical theory of philosophy having influenced the Western legal concept for a few thousand years,natural law advanced dualism of natural law and law made by man,which holds that natural law should be taken as the basis of setting a value on the effect of laws made by man.There have been different explanations of the origin of natural law during the distinct historical periods:either originating from God's will,or being in accordance with man's rational order.The evaluation and critique of the value of laws made by man by natural law have gradually helped to bring about the formation of the concept of current democracy and legality.\;
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Regarded as classical theory of philosophy having influenced the Western legal concept for a few thousand years,natural law advanced dualism of natural law and law made by man,which holds that natural law should be taken as the basis of setting a value on the effect of laws made by man.There have been different explanations of the origin of natural law during the distinct historical periods:either originating from God's will,or being in accordance with man's rational order.The evaluation and critique of the value of laws made by man by natural law have gradually helped to bring about the formation of the concept of current democracy and legality.\;
Key concepts: Natural order, Natural law, Principle of legality, Law, Positive law, Divine law, Natural (archaeology), Dualism