罗马法学家视角下的法律观探析

An Analysis of Legal Views from the Perspective of Roman Jurists

罗马法学家在罗马法律体系中发挥了关键的作用。罗马法学家对政治法律问题的思考带有明显的务实取向,他们关于自然法、市民法与万民法的区分以及法与正义之间关系的论述呈现出斯多葛哲学的理论路向。罗马法学家以法律制度内部秩序的统一性、有机性和连续性为前提条件,构建了精致的法律分析体系,造就了实质的法律文化。罗马法学家的思想和理论通过罗马法呈现给世人,并影响到此后的法律体系和法治观念。

Roman jurists played a key role in Roman legal system,whose thought about political and legal issues had obvious pragmatic orientation,and their discussions on the distinction between natural law,civil law and the law of peoples,as well as the relationship between law and justice show the theoretical direction of stoicism.On the premise of the unity,organicity and continuity of the internal order of the legal system,roman jurists constructed a sophisticated system of legal analysis and created a substantial legal culture.The ideas and theories of Roman jurists were presented to the world through Roman law,which influenced the subsequent legal system and concept of rule of law.