Title: The Essence of Economic Law from a View of Natural Law
Abstract: Almost all of the existing debates regarding the essence of economic law are based on the view of positive law.However,discussing the essence of economic law solely from the angle of positive law would not substantially solve such problems as whether economic law is one of the independent law departments,what economic law is and that economic law falls within what categories of law such as public law,private law and social law.Therefore,a reconsideration of the essence of economic law from the view of natural law becomes necessary,and the conclusion would be addressed as follows: first,the concept of law department is a concept of positive law,and has no connection to the essence of economic law;second,economic law can be defined as a social relationship resulting from certain regulation of economy which is based on human nature,and it relies on natural law rather than positive law;third,the division of public law,private law and social law is likewise a method of positive law,which does not reflect the nature of law.
Publication Year: 2009
Publication Date: 2009-01-01
Language: en
Type: article
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