马克思论东西方法律文明的关系

The View of Karl Marx on the Modes of Civilization Categorized in the Light of Law

马克思关于东西方法律文明的思想,主要体现在其对"亚细亚型"、"古典型"、"日耳曼型"三种法律文明的论述中。在马克思的眼中,土地共有、专制制度、村社制度为"亚细亚型法律文明"之特征,城邦制度、公私财产分立、政治民主为"古典型法律文明"之标志,而"日耳曼型法律文明"则以财产私有、家庭住宅经济、松散联合为特色。东西方法律文明既因生产方式不同而互有差异,又因共同的世界历史发展规律而统一,还因西方国家的侵略而互融。

Marx＇ ideas about law-centred civilizations are mainly reflected in his classification of Asianic Mode,Ancient Mode and Germanic Mode.The first mode features collective ownership of land,autarchy and ＂village system＂;the second is characterized by the institution of states,the presence of privatized property and democratic politics;and the third typically pertains to such features as property privatization,＂house-economy＂ system and ＂federal family.＂ The difference between the western civilizations and their eastern counterparts is derived from their diversified modes of production,and their merging and unification can be explained by the common law in world development as well as the western invasion into the eastern countries.