马克思民族习惯法自发运行论研究

A Study on Marxist Theory of Spontaneous Operation of National Customary Laws

对于自发运行的各民族习惯法,马克思认为它们的特征变化是与其发展阶段相适应的,处于相同或相似发展阶段的各民族习惯法的特征是近似的。在未受外在干预前,各民族习惯法具有维系本团体的存在及完整、保障社会秩序和成员利益、构成和补充成文法、节约治理社会的成本等四大功能。由上述自发运行论,可以发现马克思民族习惯法观念的基本立场、观点和方法等理论硬核。

As for various national customary laws that run spontaneously, Marx believed that their characters changed in accordance with their development stages, and the characteristics of various national customary laws in the same or similar development stage were similar. Before the external intervention, the customary law of various nationalities had four functions: maintaining the survival and integrity of the group, safeguarding the social order and members’ interests, constituting and supplementing the written law, and saving the cost of social governance. From the abovementioned spontaneous operation theory, we can see the basic standpoint, viewpoint and methodology of Marx’s theory on national customary laws.