普通法的历史之维

The Historical Dimension of the Common Law

本文从对经典普通法理论的观点梳理入手,从习惯和理性两个方面剖析了普通法的历史性特征。文章指出,无论是从普通法来源于习惯还是从普通法被视为理性本身来看,历史在其中都起到了非常重要的作用。文章还从主观与客观、流变与静止、观念与方法三个方面,尝试性地分析了普通法历史性的含义,为理解普通法提供了参考。

Through organizing standpoints of classical common law theory,the author of this article has analyzed the historic characteristics of the common law from two aspects:common law as custom and as reason. The author points out that history has played a very important role,no matter whether one proceeds from the standpoints that common law originated in custom or it should be regarded as reason itself. But what does the historic significance of the English common law mean? The author goes on to explain this from three perspectives:the subjectivity and objectivity of history,history as a dynamic and static process,and ideas and methods.