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西方社会从古希腊时期发展到当代经历了三次重大的社会变迁,相应地西方法律传统也有三次重大的转变。法律传统的发展是社会变迁的产物,其中经济因素起到了决定性的作用。就西方社会发展而言,它的主线是商品经济从古代到现代经历了两次否定的辩证发展过程,最终扬弃了束缚其发展的种种障碍而发展到一个更高的阶段即当代发达资本主义市场经济。伴随着商品经济的发展,西方法律传统经历了一个由以物为目的的发展到以人为目的的发展再发展到以社会为目的的一个连续的过程,并为在它之中形成的实在法提供存在的场景。
The development of Western society from ancient Greece to modern times experienced three major social changes. Correspondingly, there were also three major changes in Western legal tradition. The development of legal tradition is a product of social changes, of which economic factors have played a decisive role. As far as the development of the western society is concerned, its main line is that the commodity economy has undergone two negative dialectical development processes from ancient times to the modern times. It eventually abandoned all the obstacles that bound its development to a higher stage, namely, the developed capitalist market economic. Along with the development of the commodity economy, the Western legal tradition has undergone a continuous process from the development of material objects to the development of human beings to the social ones, and provided for the existence of the real law formed in it Scene.