从古法到神法——中古后期南德农民法律意识的变化

From the Old Law to the Godly Law——Changes in Legal Consciousness of the Peasants in South Germany during the Late Medieval Times

中古后期南部德意志出现了绵延起伏百年之久的农民斗争浪潮 ,农民的法律意识在这个过程中经历了重大变化 ,从古法到神法是其中的一条基本线索。农民在斗争中先是依托古法即日耳曼人的习惯法 ,多次失败后转而诉诸基督教神法。经过农民斗争的实践和宗教改革家的大力阐发 ,神法成为德国农民战争的思想基点。德国农民战争的神法特征 ,既显示出它与以往农民斗争的继承性 ,也展现了与宗教改革的内在联系。

The legal consciousness of the peasants in South Germany underwent tremendous changes during the peasant wars that lasted for a hundred years during the late medieval times and shifted from relying on the old law to relying on the godly law. In the struggle the peasants resorted at first to the old law, that is, the customary law of the Germanic people. After repeated setbacks they turned to the Christian godly law. With energetic elucidation by the religious reformers and the practice of struggle the godly law became the ideological pivot for the German peasants in their wars. The characteristics of godly law of the German peasant war marked its inheritance from the previous peasant struggles as well as its relationship with the religious reform.