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澳洲悉尼代写作业:自然法则的兴衰

自然法的世俗化始于欧洲宗教改革的到来以及随之而来的罗马天主教会的衰落。这基本上导致新教理论家发展他们自己的自然法理论,而不是基于教皇的教导。自然法学说在整个18世纪和19世纪面临着进一步的衰落,在19世纪,强调国家权力和国家强制的概念。这个时代也出现了由杰里米·边沁和约翰·奥斯汀推动的实证主义法学理论研究方法的兴起。这些法学家试图将什么是法律的概念与什么是法律的概念区分开来。道德和法律的概念应该分开,自然法的原则应该更多地属于前者而不是后者。最突出的观点是,如果法律要被认为是有效的,就必须有一套更高的原则(与实证法不同)来满足自然法理论。这种复兴是若干历史事件的结果- -纳粹主义(其行为基于纳粹法律);发展核武器和其他大规模毁灭性武器;世界范围内社会和经济稳定普遍下降。

澳洲悉尼代写作业:自然法则的兴衰

The secularisation of Natural Law began with the advent of the Reformation in Europe and the consequent decline of the Roman Catholic Church. This essentially resulted in Protestant theorists developing their own theories on natural law that were not based on papal teachings. Natural law doctrines faced further decline throughout the 18th century and into the 19th century where emphasis was placed on the notions of State power and State coercion. This era also saw a rise in the positivists approach to jurisprudential theories which were promoted by Jeremy Bentham and John Austin. Such jurists sought to separate the notions of what law is as opposed to what the law ought to be. The concepts of morality and law should be kept apart and the principles of Natural Law should belong more to the former than the latter .The 20th century saw a rebirth of Natural Law approaches to the study of law. To the forefront was the notion that there must be a higher set of principles (as distinct from positive law) which must satisfy natural law theories if law was to be regarded as valid. This revival was the result of a number of historical occurrences – Nazism (whose acts were based on Nazi laws); the development of nuclear weapons and other weapons of mass destruction; the general decline of social and economic stability worldwide.

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