在中西古今之间寻方向——蔡枢衡、王伯琦关于民国法学研究的反省

To Orient between China and the West, between Modern Times and Ancient Times: A Reflection on Legal Studies from the Republic of China by Cai Shu-heng and Wang Bo-qi

中国近现代法律转型历经百余年。法学研究对此历程至关重要,六七十年前的民国和当今的法学界都对各自时期的法学研究进行自我反思和审视。岁月相隔虽半世纪以上,除学术话语的变迁以外,两者反省的核心、面临的困境和方向的诉求基本类同。比较和揭示这种类同性,以此观照百年来法学学术的发展变迁,无疑有益于确立当代法律学人的评判和诉求价值。

Modem Chinese law has undergone a transformative period of more than 100 years, during which legal studies played a critical role. Both legal circles of the Republic of China some sixty or seventy years ago and the legal Academe today have reflected on and looked into legal studies of their own times. More than half a century apart, the two legal worlds almost conjoin in terms of the core of academic reflection, the dilemma confronting them, and their appeals for orientation. To compare and unveil the similarities is helpful for us to make an overview of the vicissitudes of Chinese legal scholarship for the past hundred years and to establish valuable points of departure for appraisals and appeals by contemporary legal scholars.