Title: An Analysis of the Humanity Basis of Civil Law Standard
Abstract:Law is a creation of the human being.Between law and humanity,there's certainly this or that connection.In St.Aquinas' views,the aim of law was common good.Hugo Grotius thought,there's humanity,then t...Law is a creation of the human being.Between law and humanity,there's certainly this or that connection.In St.Aquinas' views,the aim of law was common good.Hugo Grotius thought,there's humanity,then there's natural law'and there's natural law,then there's civil law.Gierke pointed out,individual law was the law adjusting individual equal contrary relations from the subject's freedom,and social law was the law adjusting the whole organized members from the binding upon the subject.Pound pointed out that the necessity of social control over the inner natural character of man was based on the contradictory between the expanding desire and the social natural character in man's natural character.I think,thoughts or theories about humanity are hypotheses difficult to be proved.Most of the humanity thinkers didn't oppose the adjustment of law.Law should respect man's freedom and right,and never becomes evil law against humanity.Civil law as the basic law to protect equal subject civilian or private right should persist in civilian right standard in keeping with humanity.Read More
Publication Year: 2006
Publication Date: 2006-01-01
Language: en
Type: article
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