试论西方法律自治理念的演变

On the Evolution of the Idea of Autonomy of Law in the West

近代西方社会法律自治理念包括规则、机构、思维和职业自治四个层次的内容。西方上述法律理念是基于特定的社会历史际遇及学术界长期努力的结果,而20世纪40年代以来,西方法律自治理念又发生了新的变化———自创生理论。

The modern idea of the autonomy of law in western societies includes four levels: rules, organs, thinking and professional autonomy. The idea is based on specific western social and historical circumstances and is the result of the sustained efforts of their academic circles. Since the 1940s, a change in the idea of autonomy of law has occurred: self-generating system.