Abstract

In the field of law in the 1960s, the natural law as the development of international law and human rights in national constitutions and justice legislative positivism, the law was again declared dead. But as H. Rommen Yongjie said the return of natural law, in the 1980s after, John Finnis's theory according to Germain Grisez, Joseph Boyle with the development of new natural law theory become legal theory of the market, to be positive with the mainstream legal theory of a dialogue and counter force can not be ignored. This article hopes to browse through the historical development of the theory of natural law, natural law theory to understand the new content, with special emphasis on their similarities and differences between the traditional natural law theory, and its return to圣多瑪斯efforts and achievements and look forward to in this understanding and comparisons, to find out a modern legal theory with the path of integration. In the field of legal theory or Jurisprudence, since 60 ', companying the development of International treaty and establishment of nations' Constitution, the human rights and the notion of Justice have become parts of the positive laws. Probablely due to that, Natural Law was declared death once again. However, just as H. Rommen noted "Die ewige Wiederkehr of natural law", in 80 ', based on Germain Grisez's theory, so called "New Natural Law theory" was constituted by John Finnis and by his famous book, "Natural law and natural rights." The new natural law legal theory has become an new theory to eliminate the disadvantage of legal positivism that used to be mainstream of Jurisprudence after Enlightenment.The article begins with an overview of development of Natural law theory, therefore finds out the content of New Natural theory and its meaning to Jurisprudence. The focus of this article is especially on the connection of new natural law theory with St. Thomas Aquinas and the comparison of it with old traditional natural law theory. In the other way, the author wish to establish a new approach not only to have a dialogue between Natural law theory and legal positivism within legal theory, but also regard legal system as an adjustment platform of entire society and exercise its social function as well as possible