在前民法时代,人们受宗教神学思想的禁锢,人被神所淹没,意志不是人类意志,神的意志是人类社会早期的意识形态主宰。后来,随着智者学派的兴起,为人们吹来了早期的人文主义哲学之风,受其滋润的民法才出现了人的意志,这是人类社会的伟大进步,也是民法中意志的首次嬗变。然而,受到当时城邦-家庭二元社会结构的限制,人的意志是整体主义下的集体意志,个人远未走出集体的窠臼,个人主体性地位的获得要等到中世纪后期的到来。 In the pre-Civil Law era, people were imprisoned by the religious theology, people were submerged by God, the will is not the will of human beings, and the will of God is the dominant ideology of human society in the early days. Later, with the rise of the Wise School, the style of early humanistic philosophy was brought to the people. Only by its moistening civil law appeared the human will. This was a great progress of human society and the first evolution of the will in civil law. However, under the duality of the city-family duality, the will of man was the collective will of the whole. Individuals were far from being out of the collectivity of the collective. The acquisition of the subjective status of the individual had to wait until later in the Middle Ages.