清季许同莘的学法、修律与法学理路

发布时间：2018-06-06 06:40

本文选题：许同莘 + 张之洞　；参考：《中山大学学报(社会科学版)》2017年03期

【摘要】：清季法政人物许同莘久已逸出法史论说的脉络,然其经历和思想却颇能代表"过渡时代"中的似旧还新者。其以举人之身,公费就读日本法政大学速成科。卒业后,以家世关系,入张之洞幕府,并任职修订法律馆和宪政编查馆,参与民事习惯调查和新刑律的修订工作。经历可谓跨越幕职、郎曹两面,传统律学和东来法学兼而习之,议论介于中西、新旧之间。其法学理路坚持以西法为主导,新旧并蓄。然在趋新的世风下,加以学力限制,许氏未能得行其志,留下后世声名者,惟其邃于传统幕学的《公牍学史》。其法学理路与实际所成相距甚远,正是西法东渐浪潮下法政人的一个无奈缩影。
[Abstract]:Xu Tongxin, a figure of law and political affairs in Qing Dynasty, has long escaped the thread of the theory of law history, but his experience and thought can represent the old and the new in the transitional period. Its to lift the person's body, at public expense to attend the Japanese University of Law accelerated course. After death, he joined the Zhang Zhidong shogunate by family relationship, and served as the revised law house and constitutional editor's office, and participated in the civil custom investigation and the revision of the new criminal law. Experience can be said to span the screen, Lang Cao, the traditional law and Donglai law and practice, between China and the West, between the old and new. Its legal theory insists on the western law as the leading, new and old and storage. However, under the trend of the new world style, to limit his academic ability, Xu failed to carry out his wish, leaving behind those who became famous in later generations, but his knowledge was more profound than the history of the study of the public slips in the traditional curtain studies. It is a helpless microcosm of the French people under the tide of the western law and the east.
【作者单位】：中山大学历史学系;
【基金】：国家社会科学基金一般项目“晚清刑罚制度的转型研究”(14BZS035)
【分类号】：D929

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