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Natural Law, or the legal positivism

System under the shadow of tyranny, even if it is orderly tyranny. This order will only make more effective tyranny, even more difficult to resist. As George Orwell in The most basic emotions, I tend to the spirit of natural law - perhaps most ordinary people would do such a choice. This is a position and interests of ordinary citizens dictates. In fact, the existence of draconian laws are quite universal, not Hitler's patents. The history of the United States had a Act! Although they have become history, but there is no future,[link widoczny dla zalogowanych], no one can guarantee. The end of World War II, have been away from our 60 years, this is still a phenomenon around the law is not open. Process: Indeed, how to overcome the evil of the law, the construction of a modern legal system, one of the most important issues. I insisted that: on the one hand, every citizen - not just ordinary people, including of course sovereign, the judiciary, administrative law enforcement, including - must obey the laws of the State,[link widoczny dla zalogowanych], which is the need for social stability, but also the rule of law proper meaning; the other hand, national laws should reflect the spiritual content of natural law, should protect the development of good deeds in the system, eliminate the evil, which is indispensable to the soul of the rule of law! Yang: It seems that a to ensure that the legislation in reality, to the maximum possible pursuit of good, and when the event of a draconian law on, he most likely get rid of evil, to repair the system of law is what we always strive for. This involves a constitutional democracy. amendments. That is, they first take the law as their own disaster added to the body to accept, and then again at any possible lifting of the law as a disaster to deal with. law, but also can accept legal positivism. If you lose this premise, the practice of legal positivism is the most terrible. So, whether rational or emotional in the balance, if you want to measure the natural law and legal positivism, who is more valuable, I am willing to put in the side of natural law, a heavier weight. 『Abstract]bothinsideandoutsidetheacademiccircle. Thedebatewillcontinueinsidetheivorytowerand,[link widoczny dla zalogowanych], ifitwillremainthere, maybeignoredbythesociety. However, ifanyofthetwotheoriesbecomestheguidingtheoryoflegalpractice,[link widoczny dla zalogowanych], theissuecannolongerbetreatedwithindifferencebypeopleliv-inginasocietyundertheruleoflaw. Howtoovercometheevilsofthelawhasbeenoneofthemostimportantissuesintheconstructionofamodemlegalsystem - asystemthatcanensurethepursuitofmaximumgoodinthelegislationandtoeliminatetothemaximumdegreepossibletheevilinlawonceanevillawismade. [18] [Law] Alexis de Tocqueville was: 'Democracy in America, · 2O-(Editor: Ran Jingfu)

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