一、引言权利是西方思想史上的一个重要概念。它对西方现代政治法律思想基本形态的成型起到了举足轻重的作用。之前,人们将现代权利概念追溯至近代早期,追溯到以格劳秀斯、霍布斯、洛克等为代表的自然法学家那里。但随着权利观念史研究在过去三十年的推进,特别是对罗马法和中世纪思想史的进一步研究,学者们已经纠正了这个传统的看法。罗马法学家、教会法学家、神学家有关权利的诸多文本和思想得到了越来越多的关注。一段权利的早期发展史已经显露出来。在这段历史中,权利概念的演化是在罗马法传 I. Introduction The right is an important concept in the history of western ideas. It plays a decisive role in forming the basic form of modern Western political thought. In the past, the concept of modern rights was traced back to early modern times and dates back to natural jurists represented by Grotius, Hobbes and Locke. However, as the study of the history of the concept of rights progressed in the past three decades, especially the further study of Roman law and the history of medieval thought, scholars have corrected this traditional view. Roman jurisconsults, ecclesiastical jurists and theologians have drawn more and more attention on the many texts and ideas concerning rights. An early history of rights has emerged. During this period of history, the evolution of the concept of rights was made in Roman law