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一、台湾法学理论的发展台湾的法学理论研究在50年代初,由于人才奇缺,当时的法学研究和法学教学都集中在唯一的法科大学——台大法律系。早期的法学人才缺乏尤其是长期以来受到“政治禁忌”的影响,法学理论研究总的看来发展是缓慢的,到了50年代末60年代初,台湾留学风气渐盛,远赴欧美、日本攻读法律的学者与日俱增,这些年轻学者回台湾后,便成为台湾法学界的中坚力量,法学理论研究才有一定的发展,现将40年来台湾法学理论研究的发展概述如下:
I. The Development of Taiwan’s Legal Theory In the early 1950s, due to the shortage of qualified personnel, the legal studies and law teaching at that time were concentrated in the only law school, National Taiwan University Law Department. In the early 1950s and early 1960s, the graduation trend of studying abroad gradually went to Taiwan, and went to Europe, the United States and Japan to study the law. In the late 1950s and early 1960s, the lack of legal professionals in the early years was especially affected by “political taboos.” Scholars have been increasing day by day. After returning to Taiwan, these young scholars have become the backbone of Taiwan’s jurisprudence and have had some progress in the study of legal theory. The development of Taiwan’s legal theory in the past 40 years is summarized as follows: