三大学派（国外英文资料）.doc

三大学派（国外英文资料） The origin of natural law theory ? The theory of natural law occupies an important position in the history of western legal thought, which is almost the whole process of the history of western legal thought. From the ancient greeks and Romans to the modern bourgeois thinkers, there were natural laws. Or, in the past two thousand years of history, natural law is the enduring theory of western jurisprudence. Therefore, the study of this theory is of great significance to the analysis, criticism and reference to the law of the bourgeoisie. ? Natural jurisprudence derives from the ancient Greek philosophy. The famous natural philosopher Heraclitus referred to natural law and human law as the product of war, and the law as a product of eternity. (sixth century BC ? He even began to point out the distinction between natural law and human law, but no further proof. But later, the sophist representative, protacora, argued that the law had its roots in the state of nature and was a manifestation of justice. On this basis, Socrates formally divides the law into two kinds: one is to make law, one is not written law. It also points out that the law is a code of conduct for citizens. Unwritten law is the norm of human behavior, the law of god, and mans legislation must obey gods laws. His student Plato, especially he is a disciples disciple Aristotle, in his book politics, formally put forward from the point of law and demonstrates the basic thoughts of natural law, but not the system. ? The first to systematize natural law was the famous Roman thinker, statesman and jurist Cicero. His famous book, the law, is a masterpiece of systematic exposition of the theory of natural law. He not only defines the natural law, but also links it to reason and justice, and points out that reason and justice come from nature. The natural law, he argues, is permanent and the eternal is absolutely right; There are two cases of mans law: anyone who conforms to the principle of natura