成文法的起源

E. Bekbaev
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引用次数: 0

摘要

成文法起源问题的相关性源于解决有关法律起源概念多元化的需要。研究调查了法律作为一套行为规则的起源问题,这些规则是由国家以书面形式确定的,旨在使人们与由国家和其他人代表的公共权威之间进行互动。在原始社会中,行为规则主要是在口头讲话中确定的,这迫使人们通常在能听到对方声音的范围内进行互动。口头语言不能用于那些在营地和定居点彼此相距遥远的人群之间经常和日常的交流。法律的书面形式和法律规范是法律体系的属性特征,由法律、法律关系和法律意识组成。这一假说认为,法律的形成是国家对原始社会的一些社会规范建立书面形式的过程。成文法为不同住区、城市和国家的居民提供了远距离互动的额外机会;它有利于国家调控在一定范围内的集中,有利于社会规范的统一,有利于国家权力的加强和扩大。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Origin of written law
The relevance of the origin of written law issues stems from the need to address pluralism of concepts concerning law origin. Research investigates the issues of the origin of law as a set of rules of conduct fixed by the state in writing and intended for interaction of people between themselves and public authority represented by the state and other persons. In a primitive society the rules of behavior were fixed mainly in oral speech, which forced people to interact usually within the earshot of a person's voice. Oral speech could not be used for constant and everyday interaction between those groups of people who were far from each other in their camps and settlements. The written form of law and legal norms is an attributive feature of the legal system, consisting of law, legal relations and legal consciousness. The hypothesis suggests that law formation takes place in the process of establishing a written form by the state to a number of social norms of primitive society. Written law creates an additional opportunity for residents of different settlements, cities and countries to interact with each other at a distance; it contributes to centralization of state regulation in a certain territory, unification of social norms, and strengthening and expansion of state power.
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