日本法学家论习惯与法
发布时间：2018-07-25 14:10
【摘要】：日本法学家对古代、近代、现代的习惯与法的关系做了大量的整理与评价。其中,日本法学家对古代习惯与法律关系的着眼点在于对中国的儒家伦理习惯与法律的儒家化之间的结合。对于近代的习惯与法,日本法学家则结合明治维新、明治宪法的颁布和二战的背景,总结出近代习惯与法的关系指向了民众的自由价值,但对天皇的崇拜之情愈演愈烈,而日本在二战中作为占领国则针对被占领国的习惯做了整理以实现管理的有效性。日本法学家通过反思二战带来的创伤,力图借助对现代习惯与法的关系的研究学习西方习俗与法律的人本思想,使人完全解脱出神权、王权的束缚。现如今,右翼对天皇权威的崇敬形成的习惯虽不为法律所容,却依然存在。同时,日本法学家对现代习惯与法的关系以多元化的视角试图在国际层面展开论述。
[Abstract]:Japanese jurists made a great deal of arrangement and evaluation on the relationship between ancient, modern and modern custom and law. Among them, the focus of Japanese jurists on the relationship between ancient customs and law lies in the combination of Confucian ethical habits and the Confucianization of law in China. With regard to the customs and laws of modern times, Japanese jurists combined the Meiji Restoration, the promulgation of the Meiji Constitution and the background of World War II, summed up that the relationship between modern customs and law pointed to the free value of the people, but the worship of the emperor became more and more intense. In World War II, Japan, as the occupying Power, organized the customs of the occupied Power to achieve effective management. Japanese jurists try to learn the humanistic thought of western custom and law by reviewing the trauma caused by World War II and try to study the relationship between modern custom and law so that people can completely extricate themselves from the shackles of theocracy and Wang Quan. Today, the right-wing habit of reverence for the authority of the emperor, though not tolerated by the law, still exists. At the same time, Japanese jurists try to expound the relationship between modern custom and law from a pluralistic angle of view.
【作者单位】： 中南大学法学院;
【分类号】：D90-052;D931.3
，
本文编号：2144063
[Abstract]:Japanese jurists made a great deal of arrangement and evaluation on the relationship between ancient, modern and modern custom and law. Among them, the focus of Japanese jurists on the relationship between ancient customs and law lies in the combination of Confucian ethical habits and the Confucianization of law in China. With regard to the customs and laws of modern times, Japanese jurists combined the Meiji Restoration, the promulgation of the Meiji Constitution and the background of World War II, summed up that the relationship between modern customs and law pointed to the free value of the people, but the worship of the emperor became more and more intense. In World War II, Japan, as the occupying Power, organized the customs of the occupied Power to achieve effective management. Japanese jurists try to learn the humanistic thought of western custom and law by reviewing the trauma caused by World War II and try to study the relationship between modern custom and law so that people can completely extricate themselves from the shackles of theocracy and Wang Quan. Today, the right-wing habit of reverence for the authority of the emperor, though not tolerated by the law, still exists. At the same time, Japanese jurists try to expound the relationship between modern custom and law from a pluralistic angle of view.
【作者单位】： 中南大学法学院;
【分类号】：D90-052;D931.3
，
本文编号：2144063
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