论文部分内容阅读
习惯、习惯法、国家法是当前法理学界的高频词。然而迄今为止,人们似乎并没有清楚地意识到它们本就分处不同逻辑层面,故而也无法对它们的区别作任何严肃的探析。因此,只有/只要我们转换立场和研究进路,才/就可以清楚界分它们三者,进而探讨三者的内在关系。同样地,一旦我们转换研究立场和进路,就会发现既有理论关于“法律渊源”概念之界说中的种种问题,进而有必要重构此一重要法学术语。
Habits, customary law and national law are the high-frequency words of current jurisprudence. However, so far, people do not seem to be clearly aware that they were originally divided into different logical levels and therefore can not make any serious examination of their differences. Therefore, only if / when we change our position and approach to research, we can clearly divide the three of them and then explore the intrinsic relations among the three. In the same way, once we change our position and approach, we find the problems existing in the existing theories about the definition of “legal origin ”, which in turn makes it necessary to reconstruct this important legal term.