盖尤斯、其《法学阶梯》、优士丁尼《法学阶梯》

Gaius' Institutes and that of Justinian's

首先研究盖尤斯成为顶级法学家意味的罗马帝国法学的行省化,然后研究其《法学阶梯》的优点和巨大影响,最后研究盖尤斯《法学阶梯》与优士丁尼的《法学阶梯》的关系,得出的结论是:法学作为最古老的学科之一为其他学科提供过范式;优士丁尼《法学阶梯》对盖尤斯《法学阶梯》的接受主要体现在结构上,在内容上两者很不同;盖尤斯《法学阶梯》对现代西方法学和其他学科的影响主要通过优士丁尼《法学阶梯》进行。

Firstly this paper has studied the provincezation of jurisprudence of Roman Empire that materialized by the establishment of Gaius ＇ position as one of the most authoritative jurists, then has studied the excellence and great influence of Gaius＇ Institutes; finally has studied the relationship between Gaius＇s Institutes and that of Justinian. The conclusion is, the reception of Justinian ＂s Institutes to the counterpart of Gaius mainly realized in the structure, there are many diffrence in contents between them. The influence of Gaius＇lnstitutes over the modern Western jurisprudence and other discipline is realized by means of Justinian＇s Institutes.