论文部分内容阅读
现代法学在英伦和欧陆,花开两朵,分作不同的表现形式,然而闭门造车,出门合辙,殊途同归,共同构建起法学的大厦。近三百年来,次第经历以下三阶段:传统法学的阶段。任何学科的初始发展都必须依托于自身学科,渐次发展,方才可谓独立成熟。法学立基于规范,对其进行实证分析和解释,将解释结论应用于现实,来因应时代需求。无论是英美传统发展而来的分析法学、新分析法学,还是欧陆传统下的法教义学,随具体涵义有异,却都大体不脱此窠臼。其为法学立基之本,也是应当传授给大学法科生的最主要知识。可以说,法学大厦就是建筑在传统法学之上,其总为法学正宗,永永不会过时。
Modern law in England and Europe, flowers two, divided into different manifestations, however, behind closed doors, go the same way, the same thing, together to build a legal building. The past three hundred years, the second experience the following three stages: the stage of traditional jurisprudence. The initial development of any discipline must rely on its own disciplines, and gradual development, before it can be described as independent maturity. Law based on the norms, empirical analysis and interpretation of its interpretation of the conclusions will be applied to reality, to meet the needs of the times. Whether it is the analytical jurisprudence, the new analytical jurisprudence, or the legal doctrine of jurisprudence under the tradition of the Anglo-American traditions, with the specific implications are different, but generally are not out of this. It is the foundation of jurisprudence and also the most important knowledge that should be imparted to university students. It can be said that the law building is built on top of the traditional law, which is always legal authentic, will never be outdated.