薩維尼的法律思想研究
發(fā)布時間：2018-10-21 10:48
【摘要】： 薩維尼是19世紀德國歷史法學派的開創(chuàng)者,其民族精神和歷史法學的法律思想對后世法學影響深遠。薩維尼及其后來的歷史法學派影響了德國民法典的編纂,其闡釋的民法編纂的基本原則、概念推理、體系運用也為編撰中國民法典及乃至法學理論的研究提供了豐富的理論資源。 本文主要運用了文本闡釋的方法,力求從薩維尼的原著中尋求真實的法律思想。同時,運用比較分析的方法,對薩維尼的歷史體系的法律研究方法進行闡述,揭示薩維尼法學方法論的使用方式和價值。 薩維尼的法律體系建構(gòu)在主體民族、法本質(zhì)民族共同意識的基礎(chǔ)之上,因為每個民族的風俗、語言、政治社會組織形式都有自己的特性,這些特性決定了民族所特有的民族意識。民族特有的意識又決定了民族的特有的法律秉性,這就是法的民族屬性。薩維尼認為法的民族特性是民族在歷史長河中漸漸形成的,對法的研究就必然要重視歷史的面向和方法,這便是法的歷史屬性。 針對在理性的演繹下立刻編纂法典的觀點,薩維尼強調(diào)法典必須穩(wěn)定、可執(zhí)行、內(nèi)容完美、表述準確等標準,而當時的德國不具備為編纂法典所需要的形式要求,由此他反對立刻編纂法典。薩維尼從羅馬法抽離出的原理原則,建構(gòu)當代的德國民法體系提供學理資料。民族發(fā)展的有機性和民族意識整體的圓融自恰性,使對法律的考察應(yīng)該具備歷史和體系的雙重方法,薩維尼通過對歷史上的古羅馬的文獻收集,考察了羅馬法在歐洲中世紀的發(fā)展過程,并對歷史上各個時期法律概念、法律規(guī)則、體系和制度的內(nèi)涵、發(fā)展進行考察,尋求適合當代民族生活的法律原則。
[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.
【學位授予單位】：北方工業(yè)大學
【學位級別】：碩士
【學位授予年份】：2009
【分類號】：D90
本文編號：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.
【學位授予單位】：北方工業(yè)大學
【學位級別】：碩士
【學位授予年份】：2009
【分類號】：D90
【引證文獻】
相關(guān)碩士學位論文 前1條
1 徐玉姣;歷史法學派與歷史主義思潮[D];山東大學;2012年
，本文編號：2284867
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