萨维尼的法律思想研究
发布时间：2018-10-21 10:48
【摘要】： 萨维尼是19世纪德国历史法学派的开创者,其民族精神和历史法学的法律思想对后世法学影响深远。萨维尼及其后来的历史法学派影响了德国民法典的编纂,其阐释的民法编纂的基本原则、概念推理、体系运用也为编撰中国民法典及乃至法学理论的研究提供了丰富的理论资源。 本文主要运用了文本阐释的方法,力求从萨维尼的原著中寻求真实的法律思想。同时,运用比较分析的方法,对萨维尼的历史体系的法律研究方法进行阐述,揭示萨维尼法学方法论的使用方式和价值。 萨维尼的法律体系建构在主体民族、法本质民族共同意识的基础之上,因为每个民族的风俗、语言、政治社会组织形式都有自己的特性,这些特性决定了民族所特有的民族意识。民族特有的意识又决定了民族的特有的法律秉性,这就是法的民族属性。萨维尼认为法的民族特性是民族在历史长河中渐渐形成的,对法的研究就必然要重视历史的面向和方法,这便是法的历史属性。 针对在理性的演绎下立刻编纂法典的观点,萨维尼强调法典必须稳定、可执行、内容完美、表述准确等标准,而当时的德国不具备为编纂法典所需要的形式要求,由此他反对立刻编纂法典。萨维尼从罗马法抽离出的原理原则,建构当代的德国民法体系提供学理资料。民族发展的有机性和民族意识整体的圆融自恰性,使对法律的考察应该具备历史和体系的双重方法,萨维尼通过对历史上的古罗马的文献收集,考察了罗马法在欧洲中世纪的发展过程,并对历史上各个时期法律概念、法律规则、体系和制度的内涵、发展进行考察,寻求适合当代民族生活的法律原则。
[Abstract]:Savini was the founder of the German School of Historical Law in the 19th century. His national spirit and the legal thought of historical law had a profound influence on the law of later generations. Savini and his later historical school of law influenced the compilation of German civil code, its interpretation of the basic principles of civil law compilation, conceptual reasoning, The application of the system also provides abundant theoretical resources for compiling the Chinese Civil Code and even for the study of the theory of law. This paper mainly uses the method of text interpretation to seek true legal thought from Savini's original works. At the same time, using the method of comparative analysis, this paper expounds the legal research methods of Savini's historical system, and reveals the usage and value of Savini's methodology of law. Savini's legal system is based on the common consciousness of the subject nation and the legal essence of the nation, because each nationality's customs, language, and political and social organization have their own characteristics. These characteristics determine the unique national consciousness of the nation. The unique consciousness of the nation determines the unique legal nature of the nation, which is the national attribute of the law. Savini believes that the national characteristics of law are gradually formed in the long history, the study of law must pay attention to the face of history and methods, this is the historical attribute of law. In response to the idea that codification should be done immediately under rational interpretation, Savini stressed that the code must be stable, enforceable, perfect in content and accurate in expression, while Germany at that time did not have the formal requirements needed to codify it. He therefore objected to the immediate codification. The principle and principle that Savini extracted from Roman law to construct the contemporary German civil law system provide theoretical materials. The organic nature of the national development and the harmony of the whole national consciousness make the investigation of the law have the dual methods of history and system. Savini collected the documents of ancient Rome in history. This paper examines the development process of Roman law in the Middle Ages in Europe, and explores the connotation and development of legal concepts, legal rules, systems and systems in each period of history, in order to seek legal principles suitable for contemporary national life.
【学位授予单位】：北方工业大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D90
本文编号：2284867
[Abstract]:Savini was the founder of the German School of Historical Law in the 19th century. His national spirit and the legal thought of historical law had a profound influence on the law of later generations. Savini and his later historical school of law influenced the compilation of German civil code, its interpretation of the basic principles of civil law compilation, conceptual reasoning, The application of the system also provides abundant theoretical resources for compiling the Chinese Civil Code and even for the study of the theory of law. This paper mainly uses the method of text interpretation to seek true legal thought from Savini's original works. At the same time, using the method of comparative analysis, this paper expounds the legal research methods of Savini's historical system, and reveals the usage and value of Savini's methodology of law. Savini's legal system is based on the common consciousness of the subject nation and the legal essence of the nation, because each nationality's customs, language, and political and social organization have their own characteristics. These characteristics determine the unique national consciousness of the nation. The unique consciousness of the nation determines the unique legal nature of the nation, which is the national attribute of the law. Savini believes that the national characteristics of law are gradually formed in the long history, the study of law must pay attention to the face of history and methods, this is the historical attribute of law. In response to the idea that codification should be done immediately under rational interpretation, Savini stressed that the code must be stable, enforceable, perfect in content and accurate in expression, while Germany at that time did not have the formal requirements needed to codify it. He therefore objected to the immediate codification. The principle and principle that Savini extracted from Roman law to construct the contemporary German civil law system provide theoretical materials. The organic nature of the national development and the harmony of the whole national consciousness make the investigation of the law have the dual methods of history and system. Savini collected the documents of ancient Rome in history. This paper examines the development process of Roman law in the Middle Ages in Europe, and explores the connotation and development of legal concepts, legal rules, systems and systems in each period of history, in order to seek legal principles suitable for contemporary national life.
【学位授予单位】：北方工业大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D90
【引证文献】
相关硕士学位论文 前1条
1 徐玉姣;历史法学派与历史主义思潮[D];山东大学;2012年
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