CHINESE NATURAL LAW TRADITION AND ITS MODERN APPLICATION: A RESPONSE TO HON . ROLLIN A. VAN BROEKHOVEN

Abstract

This article is a response to Morality And Law In A Global Society: A Place For Natural Law Theory? The first part is a summary and comments on Honorable Rollin A. Van Broekhoven’s survey of the natural law tradition and its relevance to the analysis of the controversial U.S. Supreme Court decisions. Then it addresses Mencius and the Chinese natural law tradition based on the researches of Hu Shih and John C. H. Wu, and the affinity of the natural theories of Mencius and Thomas Aquinas are explored. The third part analyses the sensational case of Yu Huan (2017) from the point of view of natural law and takes it as an example of the relevance of natural law to the theory and practice of contemporary Chinese law.

Keywords

natural law / human nature / Thomas Aquinas / Mencius

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2018 Higher Education Press