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Assignment代写:Western legal thought

2018-07-20 来源: 51due教员组 类别: 更多范文

下面为大家整理一篇优秀的assignment代写范文- Western legal thought,供大家参考学习,这篇论文讨论了西方法律思想。西方法律思想启蒙于古希腊,历经古罗马和中世纪的颠簸,最后一路跌宕到达近现代,其间许多观点应运而生,各种流派粉墨登场,在构成庞大法律思想体系的同时,也推动着文学和哲学等学科的发展,为近代西方具有人文情怀的思想启蒙运动的发展起到了推波助澜的作用。西方法律思想史上流派存在的现象作为一种特征,一方面是由理论发展的阶段性决定的,另一方面也是教育和学术发展的较高水平决定的,这在一定意义上也是一种学术自由争鸣的表现。

Western legal thought,西方法律思想,assignment代写,paper代写,美国作业代写

Western legal thought, like the whole western culture, also originates from ancient Greece and Rome. It was born on the basis of the relatively developed commodity economy, democratic politics and legal system of ancient Greece and Rome, which represents the development level of productivity and develops with the development of western society on the basis of social conditions. Its context can be roughly divided into four stages: the ancient Greek and Roman stages, the medieval stage, the capitalist stage and the imperialist stage.

Western legal thoughts and enlightenment in ancient Greece, ancient Rome and medieval bumpy, finally arrived in modern times, all the way in which many views arises at the historic moment, a variety of genres, in a large law ideology at the same time, also promote the development of disciplines, such as literature and philosophy, for the modern western with the development of the humanity thoughts enlightenment played their part.

The development of legal thought is the history in different historical periods, the intersection, the accumulation of after the collision of views, it is filled with its own premise, and eclectic, fully absorb the early natural philosophy thought, and mixed into one, with its past dynasties jurists in addition the contribution and its activity have distinct characteristic, these different times/clarification again after classification combined, is formed by the structure of the western legal thought. It is of great benefit to the discussion and research on the history of western legal thoughts.

In ancient Greece, the legal thought first existed as a part of the whole natural philosophy, and the jurists themselves mainly acted as philosophers, which first endowed the legal thought with the strong speculative characteristics of western philosophy. The legal thought was conceived in philosophy, and then came into being the professional jurist class. It has gone through the process of gradual unification, from the establishment of theory to practical application. During this period, many thinkers, especially famous philosophers such as Plato and Aristotle, expressed their views on legal issues. These different views were the embryo of later theories, which laid the foundation of western legal thought.

In ancient Rome, the dominant legal thought was the concept of natural law. Socrates period before it early, in the existing bud and then gradually development and the rich, in the hellenistic period after Stoic philosophy systematically to Rome, and after Cicero popularization widely spread, not only have a significant impact on the time of the Roman law, and became the mainstream of western legal thoughts.

It is because of the philosophical foundation of legal thought has the strong, so it as a discipline, at the outset on the subject of the basic problems of research, which, therefore, when legal thought is opposite of politics and ethics and put forward their problems independently, involves the classification of such as the definition of law, law, the relationship between law and morality, law and justice, and so on the basic proposition of law, after the entire western legal thought is basically along these propositions of theoretical direction, with different content and form of development.

The middle ages in Europe were the feudal period in Europe. The dominant ideology in this period was Christian theology. It accepted the concept of natural law in ancient Greece and Rome, and reformed it in theology, thus resulting in the Christianization of natural law.

Western Europe is a region dominated by Christianity for more than one thousand years, which makes western legal thoughts inevitably influenced by Christian theology. This effect is not just legal thoughts of Christian theology had been long stay in look, also not only show the theological jurisprudence is still the biggest western jurisprudence, but also in western modern legal system of the constitution, the criminal law, civil law and other major, still have a lot of traces of Christian doctrine.

As the wheel of history turns in the western legal thought, the process experienced in the middle century makes the jurisprudence which has just been separated from philosophy lose its independence again and become the spokesman of theology in the world, thus causing the foot-dragging of legal thought. Fortunately, the idea of natural law of ancient Greece and Rome was retained completely, which laid a fire for the development of later analytical law and social law.

As an ideology, legal thought always reflects certain class interests and needs in a specific social and historical background. As a result, the needs of the enlightenment movement and the bourgeois revolution greatly influenced and even to some extent defined the nature and main research topics of natural law theory.

From a horizontal perspective, there exists a struggle between the legal thoughts of the ruling class and the legal thoughts of the ruled class in each era. From a vertical perspective, the alternation of different types of social forms inevitably requires the class representing the new social form to create a legal theory or thought suitable for its own ruling needs.

In the end of the 19th century, with the economic factors of production and the rapid development of capitalism, the bourgeoisie as a political force on the political stage gradually, at the same time, put forward their claims also imagine a set of theoretical framework of governance and political idea, established the classical natural law as its ideological weapon in the struggle of politics.

This period is known as the period of private capitalism, when the law was freed and became a member of science. Natural law has entered a new stage of development and reached its peak. There are a large number of jurists, which enriches the legal concept.

Entering the stage of imperialism, as a scientific theory, the development of legal thought is not a short and straight rise process, but a stage of its own development with the development of various historical factors.

After the theories with strong subjectivity and prominent practicability, theories with strong features of theoretical speculation and prominent formal analysis emerge, thus showing many schools of jurisprudence at different theoretical stages. After the school of natural law with strong subjectivity and prominent practicability, there are more speculative philosophical jurisprudence theory and analytical theory.

As a criticism to the school of natural law and the school of analysis, the more practical school of social jurisprudence came into being. Modern analysis and normative jurisprudence came into being as a correction of the deviation of the school of social jurisprudence. As an integral part of the theory, comprehensive jurisprudence theory emerged. On the other hand, jurisprudence theory with multi-level, multi-angle and multiple methods also received attention and development, such as existentialism law and behaviorism law.

In conclusion, the stage of theoretical deepening is determined not only by the development law of the theory itself, but also by various other social factors. Moreover, the theory with strong practicability is bound to be deficient in the self-reflection of the theory, and the subsequent development is of course a theory that emphasizes the discipline's own laws, structures and forms. As a feature, the phenomenon in the history of western legal thoughts is determined by the stage of theoretical development on the one hand and education and the higher level of academic development on the other, which is also a manifestation of academic freedom contention in a certain sense.

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