法学与史学之间:20世纪上半期中国法学的跨学科研究趋向——以陶希圣学术研究为个案的探讨

Between law and history:the interdisciplinary research trend of China law in the first half of the coth century——A discussion through the case of Tao Xisheng's academic research

20世纪以来,社会科学研究方法在中国学术界逐渐兴起。受此影响,20世纪上半期,一些学者开始注重以西方社会科学方法研究中国法律问题,并由此成就自己的学术事业与声名。其中有两类学者特别值得注意,一为非法科出身,以社科方法研究中国法律问题,而在法学领域里取得重要成就,其典型代表为瞿同祖;一为法科出身,以社科方法研究中国法律问题,却旁逸斜出,在别的领域异军突起,开创新的学术天地,其典型代表为陶希圣。前者已为法学界所熟知,后者则未足以为法学界所留意。本文深入探讨陶希圣以社科方法研究法律的缘起、发展及转向,从一个侧面揭示20世纪上半期中国法学发展的状况与学理基础,及其与其它学科在研究领域、研究方法方面的共通与相互借鉴之处。

Since the 20th century social science methods have gradually rised in Chinese academics. Affected by this Some scholars began to focus on studing Chinese legal issues with western scientific methods and made their academic achievements and fame. in the first half of the 20th century,among these, there are two types of scholars who are particularly worth to pay attention to. one type was non--law origin scholare studying Chinese legal issues with Social science methods and made important achievements in the field, whose typical representative was qu tongiu, the other type was law origin scholars studying Chinese legal issues with Social science methods and suddenly became a new force in other areas and opened up a new academic world , whose typical representative wasTao Xisheng. The former has been well--known to law experts while the latter was not well--known to law experts. This paper studies the origin, development and steering of Tao Xisheng＇s studying Chinese legal issues with western scientific methods, revealing the condition and academic foundation of China Law Society in the first half of the 20th century from one side.