论文部分内容阅读
历史法学派提出的“法源于民族精神”观点一直受到多数中外法学家的批评,主要是认为法的起源十分复杂,过分强调沉默的、不可名状的意识是法律发展的真正要素,使法律陷入虚无飘渺。但是从民族学的视角看,法与民族意识的确有着纠缠不清的联系,探寻法与民族意识的关系,有助于我们更深刻地理解民族意识对法的种种影响。在多民族的国家建设社会主义法治,必须充分重视各少数民族的心理意识的特殊性,注重研究各少数民族心理与国家法律制度的对接与转化。
The view that “Law originates from national spirit” put forward by the School of Historical Law has always been criticized by most Chinese and foreign jurists mainly because it believes that the origin of the law is very complicated. Overemphasis on silence and unspeakable consciousness is a real element of law development. Law into nothingness. However, from an ethnological point of view, the law and national consciousness do have tangled connections and explore the relationship between law and national consciousness, which helps us to understand more deeply the influence of national consciousness on law. In building a rule of law in a multi-ethnic country, we must give full attention to the particularity of the psychological awareness of ethnic minorities and pay attention to studying the connection and transformation between the psychology of ethnic minorities and the state legal system.