中世纪神学对西方法治传统的影响

The Influence of Middle Ages Theology to Western Tradition of Law

中世纪的神学大一统压制了所有学科的发展,法学也不例外。但在这个黑暗的年代结束之后,法治的时代随之而来。法治不可能是凭空诞生的,事实上,它正是在中世纪神学的基础上自我异化而产生的。中世纪神学在间接和直接的两个层面上,对于西方法治传统产生了重要影响。

The Theology in the Middle Ages had limited all the other branches of humanities including law and jurisprudence. But it was also the Middle Ages who born the time of constitutionality. The constitutionality is not supposed to be isolated, so it based on the Theology and scholasticism of Middle Ages. This article tries to illustrate the relationship between Theology and constitutionality, so that we can make a clear statement on the active effect of Theology on the development of constitutionality, directly and indirectly.