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  • C0312古代法

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    1) In early societies, judgments came directly from kings' inspiration rather than formal laws, and each judgment was independent and temporary without consistent underlying principles. 2) Over time, similarities between individual judgments formed customs that people believed had divine meaning, though this belief in divine law was just a nascent form of legal and political thought. 3) Originally, royal power relied on divine right and strength, but actually depended mainly on strength. Eventually, kings gave way to aristocracies, who inherited royal legal authority but did not claim divine inspiration for laws.

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    Ancient Law - Chinese translation

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    1) In early societies, judgments came directly from kings' inspiration rather than formal laws, and each judgment was independent and temporary without consistent underlying principles. 2) Over time, similarities between individual judgments formed customs that people believed had divine meaning, though this belief in divine law was just a nascent form of legal and political thought. 3) Originally, royal power relied on divine right and strength, but actually depended mainly on strength. Eventually, kings gave way to aristocracies, who inherited royal legal authority but did not claim divine inspiration for laws.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    60 views245 pages

    C0312古代法

    Uploaded by

    qufangzheng
    1) In early societies, judgments came directly from kings' inspiration rather than formal laws, and each judgment was independent and temporary without consistent underlying principles. 2) Over time, similarities between individual judgments formed customs that people believed had divine meaning, though this belief in divine law was just a nascent form of legal and political thought. 3) Originally, royal power relied on divine right and strength, but actually depended mainly on strength. Eventually, kings gave way to aristocracies, who inherited royal legal authority but did not claim divine inspiration for laws.

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    of 245

    十九世纪中叶新研究精

    神
    见识深
    早期没有法律，只有源
    自王的直接灵感的判
    决，各判决是独立的，
    暂时的，并无一永恒原
    则贯穿；但人们赋予判
    决以神圣的意义，就像
    人们将自然事物想象成
    神一样

    单个判决相似之处形成
    习惯
    忒弥斯的神
    性，即法律判
    决的神性，不
    过是长久以来
    顽固地为人们
    拘泥的一种信
    念，这种信念
    认为每一个生
    活关系和社会
    制度都有一种
    神的影响作为
    基础，这种信
    念不过是法律
    和政治思想的
    雏形状态的体
    现

    参古朗士
    权力最初依靠神授和自
    身能力，但实际主要是
    自身能力，自身不行，
    神授色彩也淡了，最终
    王政让位于贵族

    主要靠实力，神圣性是
    名义上
    贵族依靠势力
    继承王的法
    权，贵族不装
    作法自神授，
    思想的进步也
    不允许将争端
    付与超人的仲
    裁，法律寡头
    （贵族）要垄
    断法律的知
    识，独占解决
    争端所依据的
    原则，即习惯
    法，习惯法保
    持了部族的习
    惯，在少数贵
    族手里保持，
    并确保真实性
    不成文法就是为少数特
    权阶层秘藏的习惯法，
    （梅因去掉了不成文法
    的神性）
    文字发明促使习惯法成
    文化，打破贵族对不成
    文法的秘藏

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