Research on the ancient Greek law of Europe since modern times
December 10, 2020 09:42 Source: "Journal of Social Sciences" 2020, December 10, 2066 Author: Hu Jun

early 19th century,The study of systematic ancient Greek law began to launch in mainland Europe,Its main research target is a series of legal systems applicable to the Greek language of the Greek language period from the Greek Homer period to the Greek period,Mainly 5 BC -4th Century Athens' laws,It also includes the Macedonian Greek dynasty (Kingdom of Ptolemy, Egypt、Cyanu Kingdom、Egypt under the rule of Bactria (Bactria) in Central Asia、legal system in Syria and other regions。Research on the history of ancient Greek legal history in mainland Europe began in the early 17th century,but systematic、Academic research results mainly appeared after the 19th century industrial revolution,A complete research system has been formed today。

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Before the 19th century,Ancient Greek research in Europe is in the bud and start -up stage。16th Century French Ji Lum published the Latin version of "Greek Review" (1529),The earliest introduction to the individual legal system of ancient Greece made a detailed introduction。17th century,German jurist Ma Poat published the Latin version of the "Trip of the God of War" (1615),The earliest research on the ancient Greek law system research,Samuel, a French -Pastor Pastor of France at the same time, also published the Latin version of "Attica" (1635),Master introduction to the legal system of the Attica Peninsula area where the city -state of Athens is located。The last two works are by far the earliest academic work on the study of ancient Greek law in mainland Europe。

early 19th century,Systematic ancient Greek Law Studies。The study of ancient Greek law in modern Western scholars,Mainly German scholars in the early days,They laid the cornerstone of this discipline,Followed by France and Italian scholars。By the 1970s, bet365 live casino games the only scholars engaged in the study of ancient Greek law in English are Professor Mike Dowwell。When he published a research book published in 1978 about Athens law, he complained: as far as this topic,The Germans already have many books to discuss details,But there are no satisfactory works in English -speaking countries。But from the current point of view,This situation has changed,We can see a considerable number of related academic works and articles published in English。Among them, the representative results of the "Cambridge Ancient Greek Legal Guide" edited by Gagarin and Cohen in 2005。

In European and English countries,The differences in the research starting point form two different research styles and research.。In mainland Europe (especially Germany),Most jurists regard Athens law as one of the historical origins of the country's legal system,Use Law (that is, Roman Law) mode for research。Many classical historians in British and American countries do not know the knowledge of law theory and physical law,Main methods of sociology and history for research,Its focus is mainly concentrated in program and system issues。In recent years, with the multi -entry roads in the study of ancient Greek legal history (mostly concentrated on other discipline methods and insights),The impact of this research difference is gradually being ignored。

  Background analysis of the rise of ancient Greek law in mainland Europe

Ancient Greek law studies in continental Europe have risen around the 19th century and become more prosperous,This is mainly due to the European Renaissance movement in Italy in the 14th and 17th centuries,In particular, Western European intellectuals represented by Germany in the mid -18th century in the middle and late 18th century, the huge impact of the large -scale research of ancient Greek culture called "Heellenism" (Classical Greek idealization) cultural movement。,European scholars try to express with ideal classical Greece、Type the spirit of modern Europe,and through the bet365 best casino games ideal Greek cultural shaping and expressing the modern trend of modernity in Europe at that time。Ancient Greek Legal History Research on the European countries of Europe is under the leadership of this cultural trend。

Hellenism is the result of the Greek Latinization as Germanismus,Its meaning is "for Greek language、Imitation of Greek Life "。The hellenism trends that have risen at that time contain a richer connotation,Not only expresses a series of cultural and political ideas,and reflect the intense ideal color of classical Greece,Express with the ideal ancient Greece、Type the spirit of modern Europe。This cultural thought tide started in Germany in the mid -18th century,The sponsor is the German Winkerman,Representatives have Humboldt、Kant、Wolf、Byron、Lexin, etc.。In 1755, the German Winkerman published a booklet entitled "Thinking about imitating Greek painting and sculpture",Possess a disruptive point of view on the popular aesthetic and cultural concepts of Europe at that time,"We become great,If possible,,The unique way to be unparalleled,Just imitate the ancient people "。He believes that the concept of Greeks' on beauty stems from nature,but higher than nature。Winkerman advocates that the fundamental purpose of imitating Greek art is not to return to ancient Greece,Instead of reconstruction modern art and modern culture。Its purpose is to use the imagination of Greece,The ideal of explaining modernity,Exploring the road of modernity。The inner logic is,Classical Greek culture is regarded as the peak of ancient civilization,Is Harmony、Symbol of perfecting and perfect humanity,is science and rationality、Representatives of democracy and freedom,Effect Classical Greece is not to go back to the past,but to learn its spirit,and surpass the highest peak of this past。Hellenism Cultural Movement has two main aspects of the impact on ancient European research: one,Build a new European academic and educational system Bet365 app download with the perfect Greek ideal as the core;,The core of hellenism,Pure Greek culture should be rational、Order、The incarnation of freedom and democracy,The ideal Greece of Westerners is Greece in the city -state era。Correspondingly,Hellenism Cultural Movement has also had two influences on the research of early ancient Greek legal history in Europe。First,In the study of ancient Greek legal history,Early European scholars regard the ancient Greek law and the democratic system supported as the perfect ideal system,Ignoring some basic regular understanding in the early stages of legal civilization; second,Ancient Greek legal history research of early European scholars mostly concentrated in the Athens legal system research during the city -state period,Ignoring the legal system during the former urban -state period such as the Mindini civilization,It also ignored the legal system research of the Greek country during the Greek period。

  Research on the history of ancient Greek law in continental Europe

In the historical trend of the emergence of the Cultural Movement of the Hellenism Cultural Movement in Western Europe,Systematic ancient Greek legal history research has also gradually developed and mature in the vigorous development of German classical history。August Bockh, the most famous classic historian in Germany in the early 19th century, when studying the administrative issues of Athens,Note the importance of legal research at Athens,So set the Athens legal program as the theme of thesis。Later, Bak's two disciples, Maye and Shuoman, collaborated on the famous "Athens Litigation Procedure"。This work was affirmed and rewarded by the Royal College of Berlin,and via J. H. Lipiu revised multiple revisions from 1883 to 1887,It is still a standard reference book for studying the legal procedures of Athens。Affected by August Bock,Early German scholars such as Mayer and Karl Julius Beloch focused on various legal issues of historical development from the perspective of economic and social development,Georg Busolt,1850-1920) is an exception,He studied more from the perspective of German traditional bet365 live casino games political history from the perspective of Germany's political and legal system。In the middle and late 20th century to the present,Research on ancient Greek legal history in Germany is still in the world's leading position,Representative Scholar Professor Wolf Hans advocated the creation of the Creation of the University of Freiburg's Ancient Greek Legal History Research Center,and initiated the establishment of international international European and Greek Law Research Society。

With the development of European classical literature in the 17th to 18th century,The study of ancient Greek legal history of French scholars in the middle and late 19th century to the early 20th century gradually entered a good realm,Not only did it deepen the study of ancient Greek public law,"The History of the Ancient Greek Legislator and the Constitution" written by Professor Euras (1852),A large number of scholars engaged in the research of ancient Greek private law systems and many related research results emerged.,Professor Pero's "Collection of Public Law and Private Law of the Republic of Athens" (1867)、"Athens Citizen Power Collection" (1867); Professor Rudorf's "Athens Inheritance Legislative Research" (1879), etc.。Research on the ancient Greek legal history of French scholars presents four remarkable features: (1) Pay attention to academic contact of interdisciplinary,Good at using anthropology、Sociology and Classical Research Methods; (2) Pay attention to empirical research,Related research results depend on archeological excavation information; (3) pay attention to academic heritage,Especially the Gurlar Shi School、The Typical School of Structures is a typical representative; (4) The research direction is more refined,A single legal system for ancient Greece、The research of representative jurists gradually deepen,The scope of research is also from traditional Athens、Sparta expands to other major city states in ancient Greece。

Always,Research on the history of ancient Greek law in Italy is effective,Compared with scholars from other countries,Italian scholars have distinct bet365 live casino games regional characteristics of ancient Greek law,They conducted in -depth research on the legal system of the colonial land in Italy during the ancient Greek period。Since the Greek region has been under the rule of Ottoman Türkiye since modern times,Ancient Greek legal history research in Greece started late,It was not until the early 20th century that Greek scholars started related research。But the language -based homology and the great efforts of the Greek scholars themselves,Research on the ancient Greek legal history in Greece also made remarkable results。

Research field of ancient Greek legal history in continental Europe,There are two professional publications worthy of attention。One is "Sympove: Collection of Ancient Greek and Greek Law History Research Association",That is the papers of ancient Greek and Greek Law History Research Association。Research Association was established in 1971,Its purpose is scholars from all over the world interested in ancient Greek Fa,A collection of conferences and publication through regularly holding meetings。During 1971 —— The research association held 18 meetings in succession,Published 16 volumes of thesis set,The papers included in them are all historical materials、Everyone's work with sufficient demonstration。In the subsequent volumes,,It also added the reviewer's review article。Forty years in the last forty years,These conferences have become the most important channel for the release of ancient Greek legal history research results。

Another journal worthy of attention is Dike Magazine。"Dike" is the same term of "law" in ancient Greek,The magazine is a annual journal specifically published by the University of Milan, Milan, Milan, Milan.,Published in December each year,From Volume 1 in 1998 to 19 volumes published in 2016 (all the articles can be downloaded through the Internet)。Taking the first list of Dike Magazine in 1998 as an example,Most of the ancient Greek law papers involved in the magazine are classified by regional categories,Acadia involved in ancient Bet365 app download Greece、Athens and Gritti Island,and the legal system of Egypt during the Greek period。

  (Author Unit: School of Law, East China University of Political Science and Law)

Editor in charge: Zhang Yueying
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