Title: A paraphrase of philosophy of criminal law in the sense of natural law:With comments on the humanity basis of criminal law by prof. Chen Xingliang
Abstract:Natural law is a sort of unwritten law to be discovered through the tendency of human nature, namely, the human rational knowledge. The spiritual nature of the ideology of natural law lies in the carr...Natural law is a sort of unwritten law to be discovered through the tendency of human nature, namely, the human rational knowledge. The spiritual nature of the ideology of natural law lies in the carrying forward of human ration. Therefore, there exists a sort of natural law that is in conformity with the need and purpose of human nature, and can be concreted and complemented by way of concrete law. The natural law can be discovered or designed through discussion of the human ration, to reach the ideal aim of human moral through social control of law, which constitutes the theoretical basis of philosophy of criminal law in sense of natural law. Thus, the reasonable core of the philosophy of criminal law in sense of natural law pays attention, on the basis of analysis of humanity, to the general subjects and behavioral rules of criminal law that surpass the social normal order and possess universality and autonomy.Read More
Publication Year: 2003
Publication Date: 2003-01-01
Language: en
Type: article
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