马基雅维利的法律思想及其对后世影响
发布时间：2018-12-08 09:30
【摘要】：马基雅维利是文艺复兴时期杰出的政治家，其所处的时代正是欧洲封建社会的末期以及资本主义萌芽发展时期的转折点上，在此社会大转型时期，同时面临着意大利国内四分五裂纷乱的政治局面，马基雅维利怀着报国热情为佛罗伦萨共和国奉献着自己的一腔热血。 笔者从马基雅维利的两本主要著作展开研究和探讨。在梅迪奇家族复辟后，马基雅维利想继续为统一意大利贡献自己的力量，于是，写出了《君主论》一书奉献给梅迪奇家族希望得到其垂青，然而令他失望。同时，基于他对于共和制度的钟爱，写出了《论李维》通过追忆罗马共和国完善的共和制度，以此，表达自己对共和制的憧憬和向往。 这两本书从其出版至今因《君主论》一书内容教授君主如何建立、治理国家，并在治理国家过程中如何残忍，不讲诚信，利用自己的优势、施惠时应细水长流等内容广受诟病。在《论李维》中以史记的形式论述了共和制度的长短优劣。在此两本书中法律思想的研究并不是马基雅维利研究的主题，对于马基雅维利所表达的法律思想只能通过对其书中内容的仔细研究，，并且通过笔者的总结概括，最后才能形成系统的法律思想。 本文分为四部分，第一部分介绍马基雅维利所处历史背景及其著作。第二部分笔者先从马基雅维利的哲学思想基础进行研究，在得到人性本恶和现实主义的哲学基础上，以此，进一步探讨第三部分。在人性本恶和现实主义的哲学基础上挖掘马基雅维利对于法律的看法。从而，从中概括总结出马基雅维利的独立主权国家、军队保障国家、依法治国、法律的规范作用、法律面前人人平等、法律的稳定性、政教分离、君主制共和制之争等法律思想。第四部分阐述这些法律思想的影响及意义。
[Abstract]:Machiavelli was an outstanding Renaissance statesman at the end of European feudal society and the turning point of capitalism in the period of great transformation. At the same time in the face of Italy's divided political situation, Machiavelli dedicated his blood to the Republic of Florence with the enthusiasm of serving the country. The author studies and discusses the two main works of Machiavelli. After the restoration of the Medici family, Machiavelli wanted to continue to contribute to the unification of Italy, so he wrote the Monarch, a book dedicated to the Medici family hoping to get its favor, but he was disappointed. At the same time, based on his fondness for the Republican system, he wrote "on Levi" to express his longing and yearning for the republic by recalling the perfect Republican system of the Roman Republic. These two books have been widely criticized since they were published so far because they teach the monarch how to establish, govern the country, and how to be cruel, do not pay attention to honesty, make use of his own advantages, and so on. The author discusses the merits and demerits of the Republican system in the form of Historical Records. The study of legal thought in these two books is not the subject of Machiavelli's study. The legal thought expressed by Machiavelli can only be studied carefully and summarized by the author. Finally, a systematic legal thought can be formed. This paper is divided into four parts. The first part introduces Machiavelli's historical background and his works. In the second part, the author studies the foundation of Machiavelli's philosophy thought, obtains the philosophy foundation of human nature evil and realism, and further discusses the third part. On the basis of the philosophy of human nature and realism, Machiavelli's view of law is explored. Thus, it summarizes Machiavelli's independent and sovereign state, the army's protection of the country, the rule of law, the normative role of the law, the equality of all before the law, the stability of the law, and the separation of state and religion. Legal thoughts such as the dispute over the monarchy and the republic. The fourth part expounds the influence and significance of these legal thoughts.
【学位授予单位】：新疆大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D09
本文编号：2368116
[Abstract]:Machiavelli was an outstanding Renaissance statesman at the end of European feudal society and the turning point of capitalism in the period of great transformation. At the same time in the face of Italy's divided political situation, Machiavelli dedicated his blood to the Republic of Florence with the enthusiasm of serving the country. The author studies and discusses the two main works of Machiavelli. After the restoration of the Medici family, Machiavelli wanted to continue to contribute to the unification of Italy, so he wrote the Monarch, a book dedicated to the Medici family hoping to get its favor, but he was disappointed. At the same time, based on his fondness for the Republican system, he wrote "on Levi" to express his longing and yearning for the republic by recalling the perfect Republican system of the Roman Republic. These two books have been widely criticized since they were published so far because they teach the monarch how to establish, govern the country, and how to be cruel, do not pay attention to honesty, make use of his own advantages, and so on. The author discusses the merits and demerits of the Republican system in the form of Historical Records. The study of legal thought in these two books is not the subject of Machiavelli's study. The legal thought expressed by Machiavelli can only be studied carefully and summarized by the author. Finally, a systematic legal thought can be formed. This paper is divided into four parts. The first part introduces Machiavelli's historical background and his works. In the second part, the author studies the foundation of Machiavelli's philosophy thought, obtains the philosophy foundation of human nature evil and realism, and further discusses the third part. On the basis of the philosophy of human nature and realism, Machiavelli's view of law is explored. Thus, it summarizes Machiavelli's independent and sovereign state, the army's protection of the country, the rule of law, the normative role of the law, the equality of all before the law, the stability of the law, and the separation of state and religion. Legal thoughts such as the dispute over the monarchy and the republic. The fourth part expounds the influence and significance of these legal thoughts.
【学位授予单位】：新疆大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D09
【引证文献】
相关博士学位论文 前1条
1 张昌林;共和主义公民身份研究[D];山东大学;2010年
本文编号：2368116
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