论法的缘起及其意义——以希腊为例

On the Origins and Significance of Law-with Greece as an Example

本文以希腊为例 ,对法的起源及其意义 ,从法哲学的视野 ,作了研究。从总体上看 ,希腊法起源于人文世界的开启 ,奠基于为人之理的确立。希腊法在学理上 ,归属于法的形而上学 ,尚未深入到法的制度化这一度 ,但是 ,希腊法在形而上的层面 ,表现了强烈的理性化特征 ,以及制度化的倾向。正义论是希腊法的核心 ,它是为人之理在法的层面上的现实化 ,希腊法正是以此守护着法的最本真的精神。这是希腊法对后世的最大启示。

This paper, taking Greece as an example, studies the origins and significance of law from a philosophical point of view. Generally speaking, the Greek Law originated with the commencement of humanity and was based on the human principles. In theory, it belonged to the category of metaphysics and therefore, failed to develop to the extent of being systematic. However, even at its metaphysics level, it already demonstrated strong rational properties and systematic trends. The theories of justice formed the core of the Greek law, which was the realization of the human principles in law. It was with this spirit that the Greek Law protected the essence of law, hence, presenting the most significant enlightenment to the later generations.