另一重视角——近代以来英美对中国法律文化传统的研究

被引:18
作者
苏亦工
机构
[1] 中国社会科学院法学研究所研究员、本刊编委
关键词
中国法律文化传统; 翻译; 《刑案汇览》; 《大清律例》; 法律史; 治外法权; 西方人; 中华帝国的法律; 贾米森; 博德; 《大清律》; 商事法; 会审公廨; 会审公堂;
D O I
暂无
中图分类号
D920.4 [学习、研究];
学科分类号
摘要
How Westerners looked at the legal tradition of China from another perspective? This article deals with the question through analyzing studies by Westerners in three phases. The author comments that for those who came to China in early phase, their purpose to understand Chinese law was to obtain extraterritoriality in China. To realize this goal, they had to prove that Chinese law was uncivilized, and thus, deserved no respect and observance at all. However, this preliminary evaluation of Chinese law by Westerners had direct impact on the legal reform pushed in the late Qing Period. Then, in the late 19 th and during the first part of the 20 th centuries, studies of Chinese law gained momentum and a number of academic works were published, covering Chinese legal system, structure of law, judicial procedures, criminal punishments, commercial and family laws. Finally, in the phase of contemporary studies, some prestigious scholars made contribution to the studies of Chinese law. They not only made full use of traditional documentations and statistics, but also employed various methods, such as methods of sociology and even natural sciences. Contemporary studies of legal tradition of China have posed challenges to some traditional theories and the new research methods represent the trend of studies of Chinese legal history in future.
引用
收藏
页码:76 / 83
页数:8
相关论文
共 9 条
  • [1] 当代美国的中国法研究
    苏亦工
    [J]. 中外法学, 1996, (05) : 69 - 73
  • [2] 明清律典与条例.[M].苏亦工著;.中国政法大学出版社.2000,
  • [3] 中国人生活的明与暗.[M].(英)麦高温著;朱涛;倪静译;.时事出版社.1998,
  • [4] 陈寅恪史学论文选集.[M].陈寅恪著;.上海古籍出版社.1992,
  • [5] 当代史学主要趋势.[M].[英]巴勒克拉夫(Brraclough;G·)著;杨豫 译.上海译文出版社.1987,
  • [6] 鸦片战争前中西关系纪事.[M].萧致治;杨卫东 编撰.湖北人民出版社.1986,
  • [7] 蕙风词话人间词话.[M].(清)况周颐 著;(清)王国维 著.人民文学出版社.1960,
  • [8] 中国报学史.[M].戈公振著;.三联书店.1955,
  • [9] Law and Social Change in a Chinese Community: A Case Study from Rural Taiwan..Michael J.Moser;.Oceana Publications. Inc.1982,