论国家主义和民族主义对德国法的影响

The Impact of Statism and Nationalism on the Law of Germany

国家主义和民族主义在促进德意志民族和国家统一过程中起过积极作用,但对德国法却产生了诸多消极影响,它是德国近代以来专制制度的观念基础和纳粹政府统治时期法制法西斯化的指导思想和理论根据。历史证明,现代法的内容只能是民主、自由和平等,警惕和肃清与此相违背的思想观念及理论学说具有重要意义。

Statism and nationalism once played a positive role in the unification process of Germany, However in the later days, they have caused many harmful effects on the law of Germany that people took them as the guiding principle of the dictatorship. What抯 more, the Nazi regime even placed its fascist legality on the basis of statism and nationalism. The history has proved that the only principles under-lying modern laws are democracy, liberty and equality. Thus, it is of great importance to eliminate those theories that are against the above three.