Law School in my country，Legal history is a relatively marginal discipline，Whether it is the scale of the teacher or the professional graduate student，All majors such as civil law and criminal law cannot be said the same day。History of Chinese legal thought、History of Western legal thought and history of foreign legal system is elective courses，The history of Chinese legal system has also been excluded from the 16 main courses of the law。Foreign legal history as an elective course，It mainly introduces foreign legal systems and thoughts，It is usually considered to be used to compare and learn from it。Chinese legal history is more complicated，Most textbooks and works focus on the richness and development of the legal system and legal ideas of ancient China，But modern law is imported，These long traditions are far apart from the law (Law in Action)。What is the use of learning and research on the history of law，The legal community has always been controversial。

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Wang Zhiqiang's research pointed out，In the pre -modern Chinese and Western countries，Legal history has a decisive role in legal operation，But due to the rise of Western nation countries and codes of codes、Modern legal transplantation，Let the study of legal history no longer。In fact, if you put aside the most practical "use"，The significance of studying and studying the history of legal history is not only the questions to provide reference or cope with the judicial examination，It also has a wider and far -reaching significance，I call it "the imagination of legal history research"。

Sociologist Wright Mills believes in his famous "The Imagination of Sociology" that the imagination of sociology is a ability to change perspective，and most of the sociological bet365 best casino games research at the time lacked this imagination。The imagination of sociology is to explore the significance of individual individuals in social and historical dimensions in a connection and conversion manner，and "grasp history，Grasp life，Also grasp the connection between the two in society "，and through sociological research, help understand the ideological culture and politics。Peter Berg starts from Mills's discussion，Further point out: "The first revelation given to us in sociology is，Nothing like everything is as superficial "，Sociology "fascinated place，It is that it allows us to look at the world of our lives with a new vision "。Drawing on the imagination of sociology，The meaning of the study and learning of legal history，It is necessary to put aside the most practical "use"，Can't just look at the surface of the law，You need to re -understand this problem from the perspective of the imagination of legal history，Application of Peter Berg: The history of law is fascinated，It is that it allows us to look at the world of our lives from a new vision。The history of imaginative legal history is a broad history of legal history，It understands the history of the law with a wider field of vision and new research methods，Cognitive culture from the history of legal history、Society、political and economic issues。From the perspective of imagination, the study of legal history，It is mainly manifested in the following three aspects。

　　Legal history as a national spirit

Savini's classic discussion "Law is the embodiment of national spirit"，It has become a familiar famous saying in Law School。From the view of Savini，The national spirit is reflected in the law，Therefore, the law needs to be discovered from habit。He said，French "originated from the nature and history in the nation itself"，"The material of the law is given by the whole past"。The national spirit is formed by long -term development，But French sociologist Roger Bet365 lotto review Kotwell believes that the national spirit is a very mysterious concept，Unable to analyze experience。This kind of worry is not unreasonable，but but，Research on legal history can make the national spirit specific，Research on legal history through re -excavation and show the national spirit，provides materials and foundations for the standardization of national spirit。Research on the study of law history in different times、Operation and social effects，Can show the lifestyle and mental state of people in different times，These are part of the national spirit。Some scholars' research on judicial archives and ancient folk disputes，Let future generations see the life and mental state of ordinary people at that time。

French historian Lewa La Dali uses the interrogation records of the 14th century religious referee to write "Monteou: A Mountain Village of Oaksi Tanni, Oaksteen, 1294-1324"，Show the social structure of Montead, a small village in southern France、Daily life and ideological conditions，Classic works of becoming micro history。A nation will have a specific attitude and way to treat some legal issues in history，These can be regarded as composition of national spirit，Usually historical continuity，It can be standardized，absorbing into contemporary laws。For example, in ancient China ’s family disputes, pay special attention to filial piety，And in ancient British family disputes, all parties are regarded as equal subjects，This is reflected in the modern and British modern laws。A nation's existing survival state and mental state are not coming out of thin air，but formed in a long historical development process，Legal history is to explore the way of living and mental state of people from different times from the perspective of legal perspective。

　　Legal history as social culture and social ideas

Mark Bolk thinks，The law is just "the appearance of the real form"，Therefore, the law cannot exhaust the reality，Legal history bet365 live casino games cannot exist in isolation。But he values ​​the history of law in operation- "History of Judge"，Also recognizes the value of the concept contained in the legislation。Actually，A historical period of law can reflect the social rules of this period and the concept of legislators，In the specific operation of the law，The people's attitude towards the law，It reflects the general social concept of the general public at that time。So legal text and legal operation in different periods of legal history，You can understand the elite concepts of different historical periods、Social culture and social conditions。Ge Zhaoguang analyzed the law of ancient Chinese curfes，It is believed that the laws of ancient times want to maintain ordinary people "sunshine and do，Restrictions on the sunset "，This reflects the legal order that reflects the unity of ancient Chinese ritual and law.。Ancient Chinese Public Case、Dou E and other drama -related drama stories，All can reflect the attitude of traditional Chinese to law and justice，Xu Zhongming conducted an in -depth study of Bao Gong's image in "Bao Gong Story: A Perspective of a Chinese Legal Culture"，enriched our understanding of the legal knowledge and legal awareness of ordinary Chinese ordinary people。American scholar Natalie Davis in the small book "Return of Martin Gal"，Analysis of an alternative to France in the 16th century，Show the concept of life of people in the rural society of France at that time、Religious beliefs and property systems and other issues，At the same time, the impact of religious beliefs on the judge's record method of religious beliefs。

other，my country's "Civil Code" takes the habit as a legal origin，And these habits are formed by the development of Chinese society，Reflects the social culture and social thoughts of Chinese society for a certain period of time。In short，Knowing the social culture and thoughts in history from the perspective of Bet365 app download legal history can be reflected in two aspects。On the one hand，Legal text itself is the norms of the country and elite the establishment of society，To a certain extent, it reflects the maximum number of social and cultural thoughts; on the other hand,，During the legal operation process，Conflict parties are on special occasions，Their performance reflects the cultural and ideological status of the society at that time。Judicial files or personal descriptions may record the performance and words and deeds of all parties in the judicial process at that time，All important materials for legal history research，Confirmation with other materials，It can produce imaginative legal history research。

　　Legal history of the trajectory of institutional development

The system of each country is on a certain historical basis，Formed through a certain development process。During the development of Chinese and Western countries，Laws are extremely important part of the country and social system，Therefore, the trajectory of institutional development can be recognized through the most intuitive way of development of the law。At the same time，Due to the development of the national system, there is usually a path dependence，So the system generally has continuity，This continuity is often manifested in law。Examples in this regard are endless，The ritual law system in ancient China pays great attention to morality，Today's German governance is still an important part of my country's national governance system，The state hopes that the rule of law and German governance will complement each other; the general law of the United Kingdom comes from the order，It is still applicable to the UK today，The jurisprudence itself is a record and continuation of the system; the United States Constitution has established a unique system，Write it into the constitution，It still affects and even determines the politics of the United States、Economic bet365 Play online games and Society and other aspects。

To sum up，Research on legal history with imaginative power can be studied through legal and legal operations，Showing a historical period of politics、Economic and Social System，Provided an important reference for understanding the operation of the system at that time。A lot of imaginative research on legal history as a system，Japanese scholar Shi He Xiu San passed the study of ancient Chinese family laws in the "Principles of the Chinese Family Law"，Show all aspects of ancient Chinese marriage and family system，It provides us with a very rich cutting noodle for understanding the ancient Chinese society and ritual law system; Zhang Taisu analyzed the ancient Chinese law and the Blood and Property of China and England in its English -speaking "Confucian Law and Economy: The Blood and Property of China and England in the former Industrial period". The relationship between family and property in the economic system，Compare with the United Kingdom，responding to the "big diversion" problem proposed by Peng Mulan，and give up your own new explanation。

Each country comes from history，Legal history is an essential component of a country's history。Legal history research is not only a description and interpretation of legal phenomena and legal operations in history，Legal history can also be a perspective、A method。Through the study of legal history, you can not only understand the historical ideological resources and institutional heritage of a nation -state，You can also know the historical development of a nation through the law and the social, cultural and ideological status of a country in different periods。historical facts (descriptions) centered on historical materials (descriptions) and jurisprudence are the basis of legal history research，This research mode has also been repeatedly carried out by many scholars。But the study of legal history requires more imagination，Research on legal history with imaginative power bet365 Play online games cannot be self -proclaimed，Need to change perspective，Introduction of new research methods。This broad legal history study is not only important to understand the laws of ancient times，It will also inspire the construction of modern rule of law，Still knowing culture、Society、An important way to think and system。

　(Author Unit: Shaanxi Normal University "Belt and Road" Construction and Central Asian Research Coordination Center)