《法学概论之绪论.docVIP

绪论 课时分配：4课时 ? 一、????? 法学词汇源流考 ??????? —一一种语义学的考察 1、??????????? 一幅图示ppt 2、??????????? 从Jurisprudentia到Jurisprudence，其含义并非单一，而是变化多端的。目前，西方人主要在两种意义上使用它：1） 法律解说或判例集 2） 法哲学或法律科学 补充阅读(supplementary reading) Jurisprudence (Latin jurisprudentia , consists of jus law and prudential knowledge ), contains two different meanings between interpretation of law and philosophy of law. In ancient Rome the term is used in the former sense. Those who were so skilled in the law that they could decide a novel and doubtful case were called juris prudentes, whether or not they were judges,? and the body of law built up by their interpretation was called? juris prudentia. ?This development of law by interpretation is akin(类似的) to what English speaking peoples call case law——law arising from a? body of decided case. In France and Spain the term jurisprudence is still used in that sense. The term jurisprudence is usally used to describe what was often called at an earlier period the philosophy of law and what Continental writers now called the science or theory of law.? An English or US treatise on ?jurisprudence defines the essential elements in our conception of law; the relation that law bears(承载) to the cognate(同源、同族、同类的) social science, politics, ethics and economics; the way in which law originates in popular customs, judicial usage(裁判的习俗) and legislation; and the way in which it is enforced, changes, develops and ceases to exist. Jurisprudence formulates legal relations, rights and duties. It may undertake to classify law and to construct a system in which every rule of law may find an appropriate place(各得其所). It may attempt to classify all the relations that the law recognizes or creates and which it regulates and orders , that is, the relations of state and government to individuals and groups, and of individuals and groups to each other. It may even analyze the fundamental conceptions of the family, of property, and of succession. 3、中国古代，法学被作为专门术语来使用，最早见于南北朝。 二、????? 法学的概念 ?? ????