郭东旭先生与宋代法制史研究

发布时间：2018-03-17 11:10

本文选题：郭东旭　切入点：宋代法制史　出处：《河北大学》2017年硕士论文　论文类型：学位论文

【摘要】：郭东旭先生是我国现代学术史上著名的法制史专家,也是宋代法制史研究的开创者之一,出版了《宋代法制研究》、《燕赵法文化研究》等著作,著述丰富,享誉学林。郭东旭先生学术生涯大致可以分为河北大学历史系学习和人事处工作时期(1961-1981)、宋史研究室和宋史研究中心学习工作时期(1981-2010)、退休著作时期(2010-至今)。郭东旭先生法制史的成就有宋代法律制度和宋代法律文明史、区域法律文化三大领域。法律制度方面,郭先生是较早借鉴现代法学学科分类和研究方法对宋代法律文献进行重新研究的拓荒者,其对宋代民法、财政法、继承法、婚姻法等方面的研究,均走在当时学界相关问题研究的前列;在法律文明史方面,郭先生注重对宋朝普通民众、鳏寡孤独、老幼、妇女、残疾人等弱势群体法律救助与保障举措的研究;区域法律文化方面,郭先生是首位对燕赵地区法律文化进行系统研究的学者,对这一地区历史上的先贤法律思想的探讨、法制建设、法学著述的系统总结,对渤海律学世家封氏、高氏的考证,均有突破前人的特殊贡献。郭东旭先生治史的特点主要体现在他对马克思历史观的掌握和治学态度。其后来学术转向民间法律问题的治史取向不仅是和民众权益诉求增强有关,也反映了其朴素秉性与务实风格。郭东旭先生在治史过程中亦有一些具体而确实有效的治史方法可供借鉴。譬如对归纳、统计等方法的喜好,对宋代法律文献的考异之法以及融会贯通之法等。郭东旭先生学术研究贵在创新、贵在专一、贵在淡薄名利。学术之发展离不开学者的辛勤耕耘和薪火相传,对郭东旭先生学术道路、学术成就、史学特点及治史方法等方面做比较系统而全面的探究,实事求是的总结郭东旭先生的史学贡献,展现其史学思想与特点,以凸显郭东旭先生的学术研究的独特风采,可以为当代学术研究者的治学提供有益的借鉴和启示。
[Abstract]:Mr. Guo Dongxu is a famous expert in the history of legal system in the modern academic history of China and one of the pioneers of the study of the history of legal system in the Song Dynasty. He has published works such as the study of the legal system of the Song Dynasty and the study of Yanzhao Law Culture. Mr. Guo Dongxu's academic career can be roughly divided into the period of study and personnel Department of Hebei University (1961-1981), the period of study and work of Song History Research Office and Song History Research Center (1981-2010), and the period of retirement work by Guo Dongxu. His achievements in the history of legal system include the legal system of the Song Dynasty and the history of the legal civilization of the Song Dynasty. Three major areas of regional legal culture. In terms of legal system, Mr. Guo is an early pioneer who restudied the legal literature of Song Dynasty by referring to the classification and research methods of modern legal disciplines. He has studied the civil law, financial law, inheritance law of the Song Dynasty. Studies on the Marriage Law were in the forefront of the research on related issues in academic circles at that time. In the history of legal civilization, Mr. Guo paid attention to the ordinary people of the Song Dynasty, the widowers, the lonely, the old and the young, and the women. Research on legal Aid and safeguard measures for vulnerable groups such as the disabled; in the area of regional legal culture, Mr. Guo is the first scholar to systematically study the legal culture of Yanzhao region, and discusses the legal thoughts of the forefathers in the history of this region. The construction of legal system, the systematic summary of legal works, and the textual research of Bohaihai law family, Feng and Gao, The characteristics of Mr. Guo Dongxu's historical management are mainly reflected in his understanding of Marx's view of history and his attitude towards scholarship. The tendency of his later academic transition to the issue of folk law is not only related to the enhancement of the rights and interests of the people, but also to the strengthening of the rights and interests of the people. It also reflects his style of simplicity and pragmatism. Mr. Guo Dongxu also has some concrete and effective methods to learn from in the course of historical management. For example, his preference for methods such as induction, statistics, and so on. The research on the law literature of Song Dynasty and the method of integrating knowledge, etc. The academic research of Guo Dongxu is mainly focused on innovation, monism, and lack of fame and gain. The development of learning cannot be separated from the hard work of scholars and the legend of fuelfire. This paper makes a systematic and comprehensive exploration of Guo Dongxu's academic path, academic achievements, characteristics of historiography and methods of managing history, summarizes his contributions to historiography in a practical and realistic manner, and shows his historical thoughts and characteristics. In order to highlight Mr. Guo Dongxu's unique style of academic research, it can provide useful reference and inspiration for contemporary academic researchers.
【学位授予单位】：河北大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：K092

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