西欧私人财产权利观念形成研究
发布时间：2018-07-31 07:42
【摘要】：私人财产权观念是西方现代文明核心价值观的基石,在西方现代私有财产权利制度确立过程中起到了至关重要的作用。因此,在分析近代西欧私人财产权利观念形成历程的基础上,系统探究其成因及特点既能够理清中世纪基督教与近代启蒙思想在私人财产权观念上的精神联系,从理论上加深我们对现代私人财产权利观念内涵的理解,又对我们理解中西社会转型的差异及现代市场经济社会的本质特征提供有益的参考。 近代西欧私人财产权观念经历了一个较为漫长的形成过程,主要是古希腊罗马遗产、日耳曼人传统和基督教三者混合的产物,其中基督教对近代西欧私人财产权利观念的形成产生了举足轻重的影响。在基督教语境中,与自然权利或主体权利紧密相连的财产权观念发生了重要的变化,以天赋、排他、平等、抵抗等四大价值理念为核心的私人财产神圣不可侵犯的精神原则逐渐明晰,形成了现代意义的私人财产权理念。私人财产权利观念成为现代西方市场经济和宪政发展的重要思想基础。 全文分为三部分:第一部分为引言,主要阐述论文选题的意义,总结国内外学者对该选题的研究状况,并阐明本文要研究的问题与方法以及文献基础。第二部分是论文的主体部分,一共七章,其中第一章论述两位古希腊思想家关于财产权的思考与罗马法关于财产权的法律规范等内容;第二章从《日耳曼尼亚志》反映的传统财产观念的展开分析,对中古西欧日尔曼“蛮族”法典保护个人财产权利的原则进行了初步考察,以理清日耳曼传统与近代私人财产权观念上的精神联系。第三章论述早期基督教的财产观,主要阐述《圣经》中的财产权观念和基督教早期拉丁教父的思想;第四章论述孕育近代西欧私人财产权利观念形成的历史背景。主要阐述12世纪西欧的复兴的各种社会表现。第五章论述基督教与近代西欧私人财产权利观念的形成。主要阐述教会法学家和神学家在对罗马法和教会法的注释和教学中,最终形成了现代意义的私人财产权理念。第六章论述中世纪西欧私人财产权利观念的展现。主要以中古英国《大宪章》为文本分析中古英国保护私人财产权的基本精神。第七章论述近代早期私人财产权利观念的传承。主要对格劳修斯和洛克两位近代思想家的财产观展开论述,分析其与中世纪的思想联系。第三部分是结论,对西欧私人财产权利观念进行总体的论述,分析其特点与历史影响。
[Abstract]:The concept of private property rights is the cornerstone of the core values of western modern civilization and plays a vital role in the process of establishing the system of private property rights in the west. Therefore, on the basis of analyzing the forming process of the concept of private property right in modern Western Europe, the causes and characteristics of the concept of private property rights can be explored systematically, which can not only clarify the spiritual connection between medieval Christianity and modern enlightenment thought in the concept of private property right. In theory, we deepen our understanding of the connotation of modern private property rights, and provide a useful reference for us to understand the differences in social transformation between China and the West and the essential characteristics of modern market economy society. The concept of private property rights in modern Western Europe experienced a long process of formation, mainly the product of the mixture of ancient Greek and Roman heritage, Germanic tradition and Christianity. Christianity played an important role in the formation of the concept of private property rights in modern Western Europe. In the Christian context, the concept of property rights, closely related to natural or subjective rights, has undergone important changes, with gifts, exclusivity, equality, The spiritual principle of the sacredness and inviolability of private property, which is the core of the four values of resistance, gradually clarifies and forms the concept of private property right in modern sense. The concept of private property rights has become an important ideological basis for the development of modern western market economy and constitutionalism. The full text is divided into three parts: the first part is the introduction, mainly expounds the significance of the topic, summarizes the domestic and foreign scholars' research on the topic, and clarifies the problems and methods to be studied in this paper, as well as the literature basis. The second part is the main part of the paper, a total of seven chapters, among which the first chapter discusses the two ancient Greek thinkers on property rights and Roman law on the legal norms of property rights and so on. The second chapter analyzes the traditional property concept reflected in Germania, and makes a preliminary investigation on the principle of protecting personal property rights in the Germanic "barbarian" code of Middle Western Europe. In order to clarify the Germanic tradition and the modern concept of private property rights in the spiritual relationship. The third chapter discusses the concept of property in early Christianity, mainly expounds the concept of property rights in the Bible and the thought of the early Christian Latin Godfather, and the fourth chapter discusses the historical background of the formation of the concept of private property rights in modern Western Europe. This paper mainly expounds the various social manifestations of the revival of Western Europe in the 12 th century. The fifth chapter discusses Christianity and the formation of the concept of private property rights in modern Western Europe. This paper mainly expounds that in the annotation and teaching of Roman law and church law, church jurists and theologians finally formed the modern concept of private property rights. The sixth chapter discusses the display of private property rights in Western Europe in the Middle Ages. This paper mainly analyzes the basic spirit of protecting private property right in Middle England with the text of Magna Carta. The seventh chapter discusses the inheritance of the concept of private property rights in the early modern times. This paper mainly discusses the view of property of two modern thinkers, Glautheus and Locke, and analyzes its relation with medieval thought. The third part is the conclusion, discusses the concept of private property rights in Western Europe, analyzes its characteristics and historical influence.
【学位授予单位】：东北师范大学
【学位级别】：博士
【学位授予年份】：2011
【分类号】：F014.4
本文编号：2154898
[Abstract]:The concept of private property rights is the cornerstone of the core values of western modern civilization and plays a vital role in the process of establishing the system of private property rights in the west. Therefore, on the basis of analyzing the forming process of the concept of private property right in modern Western Europe, the causes and characteristics of the concept of private property rights can be explored systematically, which can not only clarify the spiritual connection between medieval Christianity and modern enlightenment thought in the concept of private property right. In theory, we deepen our understanding of the connotation of modern private property rights, and provide a useful reference for us to understand the differences in social transformation between China and the West and the essential characteristics of modern market economy society. The concept of private property rights in modern Western Europe experienced a long process of formation, mainly the product of the mixture of ancient Greek and Roman heritage, Germanic tradition and Christianity. Christianity played an important role in the formation of the concept of private property rights in modern Western Europe. In the Christian context, the concept of property rights, closely related to natural or subjective rights, has undergone important changes, with gifts, exclusivity, equality, The spiritual principle of the sacredness and inviolability of private property, which is the core of the four values of resistance, gradually clarifies and forms the concept of private property right in modern sense. The concept of private property rights has become an important ideological basis for the development of modern western market economy and constitutionalism. The full text is divided into three parts: the first part is the introduction, mainly expounds the significance of the topic, summarizes the domestic and foreign scholars' research on the topic, and clarifies the problems and methods to be studied in this paper, as well as the literature basis. The second part is the main part of the paper, a total of seven chapters, among which the first chapter discusses the two ancient Greek thinkers on property rights and Roman law on the legal norms of property rights and so on. The second chapter analyzes the traditional property concept reflected in Germania, and makes a preliminary investigation on the principle of protecting personal property rights in the Germanic "barbarian" code of Middle Western Europe. In order to clarify the Germanic tradition and the modern concept of private property rights in the spiritual relationship. The third chapter discusses the concept of property in early Christianity, mainly expounds the concept of property rights in the Bible and the thought of the early Christian Latin Godfather, and the fourth chapter discusses the historical background of the formation of the concept of private property rights in modern Western Europe. This paper mainly expounds the various social manifestations of the revival of Western Europe in the 12 th century. The fifth chapter discusses Christianity and the formation of the concept of private property rights in modern Western Europe. This paper mainly expounds that in the annotation and teaching of Roman law and church law, church jurists and theologians finally formed the modern concept of private property rights. The sixth chapter discusses the display of private property rights in Western Europe in the Middle Ages. This paper mainly analyzes the basic spirit of protecting private property right in Middle England with the text of Magna Carta. The seventh chapter discusses the inheritance of the concept of private property rights in the early modern times. This paper mainly discusses the view of property of two modern thinkers, Glautheus and Locke, and analyzes its relation with medieval thought. The third part is the conclusion, discusses the concept of private property rights in Western Europe, analyzes its characteristics and historical influence.
【学位授予单位】：东北师范大学
【学位级别】：博士
【学位授予年份】：2011
【分类号】：F014.4
【参考文献】
相关期刊论文 前2条
1 侯建新;人文的和整体的历史:西方经济—社会史初论[J];世界历史;2002年01期
2 张希孔;;从《萨利克法典》看法兰克王国初期的社会制度[J];历史教学;1982年08期
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