黑格尔常被视为主张成文法、国家法反对民间法、习惯法的代表人物,但其实黑格尔法哲学体系中对习惯法也有其合理肯定,并非盲目排斥和贬低。习惯法被黑格尔当做基本的法律渊源之一,习惯法同样是从抽象的法精神转化为具体的法存在的一个环节,是作为法思想而存在的方式之一,也是人类自由意志取得定在的一种方式。风俗习惯也被当成民族精神的主要来源,对民族的法律生活具有深刻影响。从黑格尔法哲学出发,也可证明民间法本身有着独立的内在生成逻辑。但他也认为,习惯法有其限度,习惯法对法的本质与思想的反映与表达更多是出自偶然,缺乏普遍规范的形式。基于这一逻辑,他对英国、中国及德国习惯法的混乱进行了批判。他认为时代的要求是需要法的理性化与普遍化。其双重启示在于,当下中国法治建设既需要合理肯定习惯法,又需要提升其理性精神。 Hegel is often regarded as a representative of statute law and state law against civil law and customary law. However, in fact, Hegel’s jurisprudence system has its own reasonable affirmation of customary law, not blindly excluding and belittling it. Customary law is regarded as one of the basic sources of law by Hegel. Customary law is also transformed from the spirit of abstract law into a concrete link of the existence of law, one of the ways existing as a legal thought, and a free will of mankind In a way. Customs and customs are also regarded as the main source of national spirit and have a profound impact on the legal life of the nation. Starting from Hegel’s jurisprudence, it can also prove that the civil law itself has an independent and inherent logic of formation. However, he also believes that customary law has its limits and that customary law reflects and expresses more on the essence of the law and its expression more by accident than as a general form. Based on this logic, he criticized the chaos of common law in England, China and Germany. He believes that the requirements of the times require the rationalization and universality of the law. Its double enlightenment lies in the fact that the current construction of the rule of law in China needs both a reasonable affirmation of customary law and the need to enhance its rational spirit.