“自然法”到“规则法”，再从“规则法”到“活法”——西方法学理论研究视角转换的社会原因考察

自启蒙运动以来 ,西方法律理论的研究重心发生了两次转变 ,即从“自然法”到“规则法”,再从“规则法”到“活法”的转变。但这两次转变不是偶然发生的 ,而是因为一系列的社会原因促成的 ,具有历史必然性。由此也说明了 ,观念和理论的变化 ,必然有潜藏在其背后的深刻的社会历史原因。在某种意义上 ,社会历史发展的逻辑 ,就是观念和理论发展的逻辑 ,法学理论如此 ,其他社会观念和理论亦然

From "Nature Law" to "Regulation Law" From "Regulation Law" to "Living Law"

Since the Enlightenment, the research core of law theory of the West happened two changes, that is from "nature law" to "regulation law", from "regulation law" to "living law". The two changes didn't happen accidentally, they were promoted by a series of social reason, and have history necessity. This show that the change of sense and theory must have social and history reason deeply, in a sense, the logic of social and historic development is the logic of conception and theory development, law theory is so, the other social sense and theory is also like this.