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就一种方法而言,比较法很早就存在了,亚里士多德的《政治学》和孟德斯鸠的《论法的精神》都是比较法的杰作;而作为一门独立的学科,比较法学在19世纪才被提出来并加以研究,20世纪初进入其鼎盛时期。比较法学的诞生有两个根本性的问题需要解决,其一是比较法的基础,即对各种不同的法律制度和法律观念在怎样的层次和范围内进行比较;其二是比较法的任务,即比较法在多大的程度上有助于消除不同法律体系之间的分歧,实现法律的统一。本文就这两个问题作一个初步的探讨。
As far as one method is concerned, the comparative law existed very early. Aristotle’s “politics” and Montesquieu’s “spirit of the law” are both masterpieces of comparative law. As an independent Disciplines and comparative jurisprudence were put forward and studied in the 19th century and entered its heyday in the early 20th century. The birth of comparative jurisprudence has two fundamental issues that need to be resolved: one is the basis of comparative law, that is, at what level and range of different legal systems and legal concepts are compared; and the other is the task of comparative law , That is, to what extent the comparative law helps to eliminate differences between different legal systems and achieve the unification of laws. This article makes a preliminary discussion of these two issues.