自然法的三个概念

IF 0.2 N/A PHILOSOPHY
Miroslav Vacura
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引用次数: 0

摘要

自然法的概念是政治哲学、伦理学和法律思想的基础。本文表明,早在古希腊哲学传统中,就存在着三种主要的自然法观念,它们在历史进程中许多作者的哲学著作中并行运行。前两种方法是基于这样一种理解:尽管人类具备理性,但本质上仍然是受生物本能支配的动物。第一种方法将自然法则定义为最强者的法则,在动物王国的所有成员中都可以观察到这一点。第二个概念将自然法则呈现为自我保护的原则,作为所有生物固有的本能。第三种方法也是在古代发展起来的,它将焦点转移到我们的理性上,并将自然法的概念发展为我们内在的理性法则。一些基督教思想家认为我们理性的起源是神圣的,把我们内在的理性法则与上帝等同起来?年代。本文简要阐述了这三个自然法概念在哲学中的发展,重点是这三个概念的相互交织,然而,我们认为这三个概念在根本上是独立的。文章最后概述了20世纪只关注这三个概念中的一个的作家。本文的目的是反对这些片面的解释,维护自然法的三个历史概念的独立性和独特性。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Three concepts of natural law
The concept of natural law is fundamental to political philosophy, ethics, and legal thought. The present article shows that as early as the ancient Greek philosophical tradition, three main ideas of natural law existed, which run in parallel through the philosophical works of many authors in the course of history. The first two approaches are based on the understanding that although equipped with reason, humans are nevertheless still essentially animals subject to biological instincts. The first approach defines natural law as the law of the strongest, which can be observed to hold among all members of the animal kingdom. The second conception presents natural law as the principle of self-preservation, inherent as an instinct in all living beings. The third approach, also developed in antiquity, shifts the focus to our rationality and develops the idea of natural law as the law of reason within us. Some Christian thinkers who consider the origin of reason in us to be divine, identify the law of reason inherent in us with God?s will. This paper gives a brief exposition of the development of these three concepts of natural law in philosophy, with emphasis on the intertwining of these three concepts, which we, however, understand as primarily and essentially independent. The paper concludes with an overview of twentieth-century authors who exclusively focus on only one of the three concepts. The aim of this article is to argue against these one-sided interpretations and to uphold the independence and distinctness of the three historical conceptions of natural law.
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来源期刊
CiteScore
0.40
自引率
0.00%
发文量
14
审稿时长
24 weeks
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