再论法史学的功能——从法学教学改革谈起

Further On Functions of Legal History Study

法学作为一门显学,肩负着培养高素质的法律人才的重任,法学教学改革极为重要。目前法学体系内部各学科的受重视程度正日趋失调,应用法学逐渐受宠,理论法学渐遭冷落,尤其是法史学。要唤起人们的重视以改变这种状况,必须从法学教学的基本要求出发,充分认识法史学的功能。法史学的功能可以概括为:人文精神的教养功能、理论思维的训练功能、客观现实的干预功能,法史学作为理论法学的一个分支必须得到重视;否则,宽视野、厚基础的人才培养模式就无从建立。

Science of law shoulders a heavy burden of training high quality talent people of law and has been executing the main melody of the reform of law teaching. The present situation is that legal system has been becoming disharmony in which applicable science of law has attracted larger attention and legal theory is being ignored, especially the history of law. We should build on this basic request of legal teaching and have a full realization of the function of legal history so as to attract attention and change this situation. This article argues that legal history has basic function for teaching humanism, training theory thought and coordinating objective reality. This article also believes that legal history is playing an important role in training talented people