沈家本的历史法哲学

Historical Law Philosophy of Shen Jia-ben

沈家本的历史法哲学可以用三个短语表述,即“权时应变”,“融会贯通”,“保守经常”。其目的在于建立起具有中国历史传统特色的西方化的法律体系。他认为,对传统法律既要有所保留,更要大力变革;对西方法律既不应也不可能全盘移入,更不应也不可能拒之门外。其历史法哲学表现出稳重性、建设性、时代性、进步性的思想特征。

The historical law philosophy of Shen Jia-ben could be summarized by three phrases:“being expedient for the time and adjusting to changing circumstances”, “making a comprehensive study and have a thorough master”, and “reserving constant conditions”. The purpose was to establish a westernized law system with traditional features of Chinese history. Traditional laws were partly reserved, at the same time were vigorously reformed. Western laws shouldn't and couldn't be wholly transplanted, furthermore shouldn't and couldn't be thoroughly rejected. Ideological characteristics of prudentness, constructiveness, timeliness and progressiveness were displayed.