自然法思想史

• 영문명: A Thought History on the Natural Law
• 발행기관: 원광대학교 법학연구소
• 저자명: 원상철(Won, Sang-Chul)
• 간행물 정보: 『법학연구』제20집, 187~209쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.10.30

영문 초록

The Constitutionalism constitution in modern ages was established on basis of freedom natural-law idea in modern times. It made inherent right principle In natural-law idea a idea of constitution and its guiding principle. Therefore it can be said that constitutionalism constitution in modern ages was formalized by making nation’s natural right idea like norm of positive constitution. But constitutionalism constitution in modern ages on the basic of this natural law idea neglected national basic rights of natural law or legal justification by social and economical in equality, which is brought about by big gulf between rich and poor in the course of indusrial capitalism developing, and emerging of law positivsm loving dictatorial authority and totalitarianism national authority. In addition, its idea and value could not help being hurt greatly be increasing civil right violation from through government power displaying rightfulness of positive law. Civil right violation from the criminal investigation course of a suspected person, human negligence and alienation phenominon from the climate of agoism and epicurism in the present ages, negligence treatment of nation’s sovereignty through the counting of taking political power, and other phenomena is raising self-awakening that the natural law matters should be treated newly in the present ages.

목차

Ⅰ. 서

Ⅱ. 고대의 자연법사상

Ⅲ. 중세의 자연법사상

Ⅳ. 근대의 자연법사상

Ⅴ. 결어

參考文獻

〈ABSTRACT〉

키워드

자연법 소피스트 스토아학파 오거스틴 토마스 아퀴나스 존 록크 몽테스키 루소 Natural Law Sophist Stoa Augustine Thomas Aquinas J. Locke Montesquieru J. Rousseau