Title: An exploration on value orientation of civil law in the view of humanity
Abstract:Created by human beings, law is naturally related to humanity which is a hypothesis difficult to prove. In St.Aquinas’ view, the aim of law was commonly good. Hugo Grotius held that since there was hu...Created by human beings, law is naturally related to humanity which is a hypothesis difficult to prove. In St.Aquinas’ view, the aim of law was commonly good. Hugo Grotius held that since there was humanity, there was natural law and then there was civil law. Gierke pointed out that 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 contradiction between the expanding desire and the social natural character in man’s natural character. The author thinks that the thoughts or theories about humanity are hypotheses difficult to prove. Most of the humanity thinkers did not 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: 2007
Publication Date: 2007-01-01
Language: en
Type: article
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