What is the comparison between the natural law school, the analytical positivist school of law and the sociological school of law?

The views of the three major Western schools of jurisprudence in jurisprudence in the three major Western schools of jurisprudence, each school has its own different content and methods of research, comparatively:

(1), the main content of the school of natural law:

One of the main content is:

One of them is about the nature of law. The school of natural law believes that the law is essentially an objective law, the lawmaker must be based on the law of the objective law, this objective law is the universe, nature, things, and the nature of man, is the "rational" reflection.

Secondly, the law comes from the eternal nature, nature, society, reason. True law should be compatible with it, especially with reason, or based on reason, it is eternal and has universal application.

Thirdly, the function and purpose of law is to realize public will and justice.

Fourth, law and its concepts should be consistent with people's values and morals, and natural law is the result of mankind's search for an absolute standard of justice.

In summary, the natural law school pays special attention to the objective basis and value goals of the existence of law, namely, human nature, rationality, justice, freedom, equality, and order, and their exploration of the ultimate value goals and objective basis of law is of great significance to the understanding of the nature and origin of law.

(2) The main points of analytical positivist jurisprudence are:

One of them is that it focuses on analyzing the real law or "law in the strict sense", i.e., the law enacted by the state, "the law of the state", and not any natural law, due to the fact that this kind of The first is to analyze the real law or "law in the strict sense", i.e., the law enacted by the state, "national law", and not the natural law, because this kind of law can be perceived by the experience and really exists, and therefore it is also called the positive law or empirical law. As for other so-called "law", such as the laws of nature, natural law, and the law of honor, they are only metaphorical and not worth studying.

Secondly, positive law or the law of the land is composed of legal rules, a system of legal rules or legal norms.

Thirdly, law is neutral and value-neutral, that is to say it is something purely technical and instrumental. As for political morality and other values and ideologies have no intrinsic and necessary connection with the law, so the law cannot be evaluated politically and morally, i.e., there is no question of what is moral or immoral, good or evil. "Evil law is law."

Fourth, a good system of legal rules formulated by the legislature, i.e., a formally rational system of legal rules is aimed at solving all kinds of social problems, and the law enforcers or the judges can hear all kinds of cases as long as they follow the rules, i.e., the law enforcers are only machines of legal reasoning and should not have any discretionary power of adjudication.

Western legal practice activities guided by the legal view of analytic jurisprudence have led to the rapid development of legal rules in the West in the following decades into a huge system of rules involving almost all areas of human existence. However, this view of law only noticed the close connection between law and the state, but ignored, denied and severed the inseparable connection between law and other things, especially politics and morality; they revealed the technical, instrumental, and independent nature of law, but denied its value, purpose, and dependence.

(3) The main viewpoints of the school of social law

The school of social law introduces the analytical framework and theoretical tools of sociology into the field of jurisprudence, studies the law in and through society, and emphasizes the social role and effects of law.

One of them is that law is essentially a social order, and that the real and primary law is not the legal rules formulated by the state legislature, but the order in the legislation of society or the order inherent in the association of human beings.

Secondly, law is not inseparably connected with the state; it is not necessarily enacted and enforced by the organs of the state, especially the legislature, and law exists in times and places where there is no state.

Thirdly, law is not merely a system of rules, but consists of a complex mixture of rules, principles, and policies, and the law itself is not a mere rule.

Fourth, law is not only a system of rules, but also a process and an enterprise.

The views of the social law school show their insistence on the interrelationship between law and society, taking the actual operation of the law as the object, revealing that the law arises in the society, aiming at dissolving the contradictions, conflicts, antagonisms, and struggles among each other's interests, so as to balance the various interests. Moreover, they also place law in society as a whole and analyze the role and influence of various social, political, psychological and cultural factors on law and its operation. It should be said that the sociology of law is conducive to the understanding of the connotation of law, is conducive to the expansion of the field of legal research and vision.