In the 17th century, the European Natural Science Revolution of the 17th century brought not only the liberation of productive forces and the progress of the civilization of utensils,It also caused a great impact on the natural law of natural law from ancient Greece to the time.,The most obvious performance is the methodological steering of modern natural law。This turning is the two basic methods of natural sciences to re -understand the results of human society。
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Analysis of the comprehensive law requires people to restore or decompose as the overall object as the most basic composition element,Reconstruct it as a new complex。Modern Natural Science uses this method,For example, the physics society restores objects to molecules or atoms and then as a whole,Biological Society breaks down biology into cells and then combines,etc.。The application of this method is reflected in the basic thinking of modern natural law,First of all, the starting point of the entire learning theory has shifted from the whole to the individual。The basic feature of ancient natural law is,First design a overall cosmic order,Then go to the position of the people in it。Despite the different views on this order (it is like Plato as a "nature" as a kind of concept or order,Still "nature" as Aristotle thinks only exists in the experience order of the city -state),But the overall idea of the individual is consistent。That is to say,"Nature" bet365 live casino games (justice and good) problem first is a overall order structure problem,Then you will consider the position of the individual in this order,Only everyone is right to do things that meet their position,is "conforming to nature"。
other,Different parts of the overall structure due to the order of the order,So everyone's "deserved" is different。Here,The law of the overall order is the natural law,and everyone’s "deserved" is natural rights。So in ancient natural law theory,Natural law first in natural rights。The opposite of this,The focus of modern natural law is to first restore human order as the most basic component element -individual。This individual is independent of each other、Delays and de -layerization,They only exist as the same "people" as others,They are in a natural state。In natural state,Each independent individual enjoys the same right and freedom,That is natural rights,These rights begin with individual rather than society。So,If you want to understand human order overall,You need to first understand human individual,Understand the nature of "people" (especially rationality),Understand the basic rights owned by people。Natural law is the rules (rules) derived from human nature and their rights,It is the basic criterion that enables people to unite together,It is also an inevitable rule to protect everyone’s natural rights。Therefore, the individual constitutes a prerequisite for the overall existence。Natural Law is no longer a cosmic order that conforms to Logos or God's will,and become from the nature of the person、The rational rule serving the individual。This reverses the worldview Bet365 app download of the ancient natural law,As a result, the individual is preceded by the whole、Natural rights precedes the demonstration ideas of natural law。Natural rights precedes the demonstration ideas of natural law,The conclusion of "Analysis and Reduction"。
This method also constructs a basic demonstration model of modern natural legal theory about political legitimacy,Social contract theory。Through "Analysis and Reduction",The decomposition of human order into a individual in the state of nature is just the first step,The second step is "rational reconstruction"。Because individuals in the natural state have natural rights,But due to the existence of this or that defect in the natural state,so that everyone's rights cannot get the best guarantee,More or less facing the infringement from others。At this time, there must be a mechanism to solve these defects,enable everyone's rights to better realize。This mechanism is nothing more than allowing everyone to transfer themselves (all or part) rights to transfer,Give it to someone or a group,Let the latter have the ability to punish others' rights,Establish a new social order。This mechanism is a social contract,This person or this group is the sovereign,The state established through the sovereignty is a political society,or country。
For example,Thomas Hobbes, 1588-1679) In the doctrine of the study,Individuals in the natural state have two basic natural rights。One is self -interest。Self -benefit is the starting point of human nature,Everyone can naturally pursue interests for themselves、Obtain resources。But because in a natural state,Everyone is in a de facto equal state,Natural resources bet365 live casino games cannot provide everyone with enough to maintain survival,There is no authority to allocate resources,Therefore, it has led to being in a intense relationship like a wolf and a wolf,Everyone is constantly in the fear and danger of violent death。How to avoid the emergence of this result? This requires another natural right to play a role,That is self -protection。Self -benefit will lead to war status,And self -protection requires the use of all possible ways to defend yourself,Including the end of the war。So Hobbes believes that the first precepts of the natural law are "seeking peace、Keep peace ",Its human basis lies in "what you want,Do not appreciate the general principle of people。visible,The right to protect self -protection and the natural laws based on this have become a reason for people to get rid of the natural state,Because individuals in the natural state can only transition to political society by concluding social contracts,can finally end the state of war。Of course,Due to the lack of trust between individuals in the natural state,So the first step of establishing a social contract is to find the soverers who have the highest power,Come as a guarantee for the effectiveness of social contracts,Then each talent signs an alliance with others,Establish a country。Once you enter the political society,Individuals in the natural state have a new identity,"Citizen",Natural rights become citizen rights,and the natural law also transformed accordingly to the real method,That is the command of the country。So,The reason why the country is legitimate,It is to overcome the defects of the natural state、It appeared to better realize personal bet365 best casino games rights,Therefore, the country's command (although in Hobbes,Citizens cannot violate it anyway) must meet the requirements of the natural law。visible,The use of "Analysis and Reduction" leads the starting point of the social contract,Personal in the natural state,The result of "rational reconstruction" leads to the end point of social contract,The emergence of the new complex of the country。This is the personalist methodological steering brought by the natural scientific revolution to political ethics theory。
Eu Ji Lilin's proof method
Another method provided by the Natural Science Revolution for the Modern Natural Law,is "Eu Jilin's Proof"。Geometry to try to build a righteous system for concepts and propositions,This system has two characteristics: one,The starting point of the construction system lies in the axiom of self -confidence; the second,The method of logical deduction (interpretation) from the axiom can derive the same correct theorem,as a component of the system。Use this method to construct a representative of the natural legal theory system,Christian Wolff, 1679-1754)。Wolf proposed a series of methods that consistent with geometric methods to construct their doctrine,Think that it must meet three basic requirements: First of all,All words can clarify the facts through clear and detailed concepts; second,All propositions can be proven through orderly and associated with each other; again,Any prerequisite proposition,It must not be adopted without pre -determination,It is not allowed to connect the result proposition with this premise proposition。
According to this method,First of all, all concepts bet365 best casino games are defined,Put forward the axioms directly extended from these concepts,Then continue to analyze the derived statements (propositions or paragraphs)。Then,The premise of the "proofing principle" must be based on the construction system,That is, only "definition、Concluded experience、Axioms and propositions that have been proved "。Through this construction method,realized the so -called "intelligent system",It is considered "axiom"。From this,The geometric method of Eu Ji Lilin is transformed into a "closed、Natural Law System of Axioms "。According to this "vulnerable interpretation method",All natural law rules,From "higher axiom" to "minimum details",can be derived。Then,The entire law order is shown as a strict logic -systematic exquisite structure,It starts to rise up from a bunch of specific methods from the helplessness,Like a pyramid, it is narrower and narrower,Continuously guide more generalized legal rules "。From this,The natural codes (systems of natural law rules) equivalent to the natural science axiom system are also constructed。This legal architecture has also affected the later conceptual laws and formulation of empiricalism such as law,It's just the latter,The starting point of the system is replaced from the axiom of nature to the doctrine (concept、Proposition) or formulate a law provision。
If the "Analysis Comprehensive Law" provides macro -argumentation ideas (individualist methodology) for modern natural legal theory,Then the "Eu Jilin Decision" provides a specific system structure method for modern natural laws (axioms/geometric methods)。From this view,Natural Science is not just a bet365 Play online games technical force,It is a thinking force that affects the field of human knowledge,and the steering of modern natural law provides an example for the display of this power of thinking。
(The author is a professor at the School of Law of China University of Political Science and Law)
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