再访自然法思想:以路德和加尔文为中心

Abstract

The concept of Natural Law had enormous impact on the Western Law．Until today it had indelible contribution on the western Positive Law body．It not only provided an ultimate standard between right and wrong, and good or suitable natural life model, it also provided the existing system an ingredient for potential to stimulate reflection．The Natural Law concept is even more the important source of the natural rights' ideas of the West, deeply affecting the fundamental rights'concept, subsequently, becoming the Rule of Law for the democratic countries of Today．And Christianity is again the core of the Natural Law Concept, especially Thomas Aquinas thought son natural law．Therefore this concept was described to be the important basis for dialogue between Christianity & the Secular Law．However, after the rise of Legal Positivism in the western world, the circle of Law gradually lost interest in it and threw it into limbo．The Christian protestant scholars being influenced by Calvinism,believed that human nature had been completely polluted by sin, thus, put Thomas Aquinas concept of natural law in disdain．Despite this, in view of the lawful massacre of ６,０００,０００ Jews by the Nazi, the circle of Law in the western world after WWII, started to reflect on the concept of Legal Positivism． This led to a revival of the concept of Natural Law．The Protestant scholars, whether Lutheran or Calvinist started seriously to return to the Bible, to again review the concept of Natural Law．They hoped to come up with a platform for dialogue between the Christian and secular law scholars．