Zhang Fan
Introduction
Methodology
Teleological view of the universe and
Main Tenets
Doing Good but avoid evil
Justice
Rule of Law
Natural Rights
Law and Morality closely related
Natural Law is universal, objective,
immutable and eternal.
Introduction
Aristotle (384-322BC)
Aristotle recognized nature as the capacity for
Stoics
Stoicism provided the most complete
Cicero (106-43BC)
Cicero argued that nature provided rules
Theological School
Christian philosophers readily adapted Stoic
Natural Rights
Natural law theory eventually gave rise to a
Inalienable Rights
This natural rights theory provided a
Proceduralism
John Finnis Aquinas, Conceptualism
Ronald Dworkin: Law as Integrity
Lon Fuller
Fuller calls his principles 'procedural' rather than
John Finnis
Arguing about what is "law" or "not law" is
John Finnis
Natural law is a set of principles of
John Finnis
Ronald Dworkin
Ronald Dworkin made strong criticisms to
Ronald Dworkin
Dworkin is most famous for his theory of law
Introduction
Divinization of Law
Secularization of Law
Demystification of Law
Lao Zi Non-interference
Man has been granted a simple nature, and all
social activities follow their own natural law. NonInterference (or less interference, when absolute
non-interference is unavoidable), would lead
things in their original direction. In this way,
society and nature would be in good order, and no
conflict would take place. So Laozi said: If I do
things by Non-Interference, people will follow me
naturally; If I incline to Tranquility, people will be
led in the proper direction; If I interfere with
nothing, people will become rich; If I have no
sensual desire, people will become simple and
sincere.
Confucius
"Sir, what need is there of the death
penalty in your system of government? If
you showed a sincere desire to be good,
your people would likewise be good. The
virtue of the prince is Like unto wind; that
of the people, like unto grass. For it is the
nature of grass to bend, when the wind
blows upon it."
Fin
Merci