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法律是时代精神的体现。法律是现时段社会发展要求的体现。近代以来英美法律制度的变迁及法理念的演进 ,如财产法中 ,私有权观念从无限到有限的转变 ;契约法中 ,从形式正义到实质正义的发展 ;侵权行为法中 ,归责原则的否定之否定的运动 ;公司法中 ,从放任向制约的演变 ,都深刻地揭示了这一命题。而这一命题背后的生活逻辑是 :前者处于两国生产力上升与发展阶段 ,其时社会需要的是自由竞争与开拓发展 ;后者处于两国生产力发达阶段 ,其时社会虽然仍需要竞争与发展 ,但更多的是需要全社会的和谐与共进。这一演绎路径清楚地向人们展示出在法律发达史中 ,时代性特征永远深深地植根于其间 ,作用于其间。
Law is the embodiment of the spirit of the times. Law is the embodiment of the current social development requirements. In modern times, the vicissitudes of legal systems in the United States and the United States and the evolution of legal concepts, such as the change of the concept of private ownership from infinity to limited in property law; the development of formal justice in substantive justice in contract law; the principle of imputation in tort law Negation of the negative movement; company law, from the evolution of the restriction to the constraints, have profoundly revealed this proposition. The logic of life behind this proposition is that the former is at a stage of rising and developing productive forces in the two countries, at a time when the society needs free competition and pioneering and development; the latter is in the stage of the development of productive forces in the two countries, although society still needs competition and development , But more is the need for harmony and progress of the whole society. This path of deduction clearly shows to people that in the history of the development of law, the characteristics of the times are deeply and deeply rooted in the meantime and act in the meantime.