黑格尔的历史法学思想

On Hegel's Historical Legal Thoughts

对于黑格尔法哲学这样一个异常庞杂的体系,学界一般认为其大体属于理性主义范畴。然而,正如黑格尔自己所言,欲准确把握其法哲学,就必须将其放在黑格尔逻辑学的背景中进行;在这个前提下,从辨证逻辑角度讲,当我们认识到黑格尔法哲学中的理性主义成分时实际上就意味着其中也必定含有经验主义的成分。欲全面而深入地研究黑格尔法权哲学,就必须对相关的经验主义成分予以充分地关注。

Hegel＇s law philosophy is a very complex and compound system, which is generally regarded as one thought in the field of rationalism. However, to well and truly apprehend Hegel＇s law philoeophy, gs Hegel himself pointed manifestly out, should put it in his logic theory. That is, we should put it in the view of Hegel＇s dialectic logic. From the point of view of dialectic logic, when we find the rational part in Hegel＇s theory, we should wake up to that there must be corresponding experiential part. In a word, we should pay attention not only to the rational part but also the historical part of Hegel＇s law philosophy.