LIU Lianjun. On the Origin of Law from the Perspective of Human Nature[J]. JOURNAL OF UNIVERSITY OF JINAN (Social Science Edition), 2023,33(1):147-153.
LIU Lianjun. On the Origin of Law from the Perspective of Human Nature[J]. JOURNAL OF UNIVERSITY OF JINAN (Social Science Edition), 2023,33(1):147-153.DOI:
Traditional legal archeological research and economic analysis methods of classical writers may not be able to truly reveal the exact nature of law and the identity of its origin. Exploring the origin of law from the perspective of human nature is the third way worth trying. Without the evil of human nature and all kinds of atrocities derived from it
human society would not need laws. The evil of human nature is a necessary condition for the origin of law. The birth of law is an important sign that human society has advanced from primitive society into civilized society. In this process
the goodness of human nature plays an important role
which can be regarded as the driving force of the origin of law. From the point of view of epistemology
the origin of law is the product of man’s self-discipline will
which makes man realize that it is necessary to punish evil and promote good through law. Human society is forever inseparable from law
its root lies in that the struggle between the goodness and the evil of human nature has only a starting point but no end.