传统东方国家法律价值旨趣论析——兼与西方比较研究

An Analysis of the Main Purposes of the Values of the Lawsof the Traditional Oriental Countries——With a Comparative Study of Those of Occidental Countries

社会是法律的生命之源。要使社会内在需求的“法律”转化为现实之中的“法律”是不能脱离国家这一中介的 ,而这转化的实现状态既受社会与国家间的关系的影响 ,也受国家的法律价值旨趣所左右。就传统东方而言 ,由于国家凌驾于完全依附于自身的社会之上 ,使得社会没有足够的力量制衡国家按社会内在需求制定和实施法律 ,从而呈现出国家所确立的法律价值追求“为皇权服务”

Society is the source of the life of law. It will not do without the m edium of state to transform the “law” as the internal need of society into the “law” in reality, and the realistic condition of this transformation is influ enced not only by the relation between society and the state but also the main p urpose of the values of the laws. As far as the traditional orient is concerned, because the state is placed above the society which depend on itself, the socie ty doesn't have enough power to force the state to make and exercise laws accord ing to the internal needs of society and consequently, what is decisive is the p ursuit of the value of the law established by the state——serving the imperial power.