论文部分内容阅读
本文考察了西方前近代社会历史中城市法制度的独特性质及其后来对西欧社会发展的影响等问题 ,认为从西欧社会城市法制度的经验看 ,市场、城市和法律三者之间具有十分密切的联系。其中城市法使市场和城市具有了一体性的内在关系并同时使城市成为自治实体 ,这正是使市场经济得以繁荣发展的关键。同时城市法制度的最终发展又走向极端 ,从而又成为统一市场形成的障碍 ,进而由民族国家取代城市而统一市场 ,城市法的使命终结了 ,近代法开始兴起。
This paper examines the unique nature of the urban law system in the social history of the pre-Western modern times and its subsequent impact on the social development in Western Europe. It holds that there is a close relationship between the market, the city and the law from the experience of the social law system in Western Europe. Contact. Among them, the urban law has an integrated internal relationship between the market and the city and at the same time makes the city an autonomous entity. This is the key to making the market economy prosper. At the same time, the ultimate development of the urban law system is extremely extreme, which in turn becomes an obstacle to the formation of a unified market. As a result, the nation-state has replaced the city to unify the market. The mission of the urban law has ended and modern law has begun to emerge.