法与司法的关系（国外英文资料）.docVIP

法与法律的关系（国外英文资料） The relationship between law and law Legal agent micro series, I will be issued to read the PI auspicious, editor of jurisprudence (fudan university press, 2002) of reading notes, for your reference. Although this is a textbook, but personally think about legal textbooks were published books in recent years, it is desirable, some views are very novel, argument is more close, is worth reading. The authors of the book include: male PI xiang, sun xiao xia, huang jianwu, liu wang hong, li guilin, zhang guangjie, xia jin wen. First, the western thinker and the law The basis of human spirit. In the west, the basic methodological principle of the phenomenon of natural law school is to distinguish the natural law from the actual law from the theory of the dualism. , such as Aristotle, the difference between natural justice and legal justice, thinks natural justice anywhere at any time is derived from the power of human nature, and legal justice comes from being regarded as the force of law and natural justice higher than legal justice. Locke distinguishes between natural law and human law, arguing that peoples natural right is the embodiment of the natural law and natural law protection, and regulation method of legal rights of human beings, must be formulated in accordance with the principles of natural law to. Contemporary dworkin while acknowledging the rules are part of the law, but he argued that in the difficult case, nor is it only the judge to sentence the guidance of standard rules, and including policies and principles. Among them, the principle is to show shall follow the standard, aims to illustrate a political decision to respect and protect the rights of individuals and groups, to prove that the decision is justified. The principle is not because it will promote or guarantee is considered desirable economic, political, or social situation, but because it is just or fair or other ethical requirement, principle is to describe the right of propos