18世纪英国的比较法教学:以托马斯·比弗的《波兰法律与宪法》讲座为例

Q4 Social Sciences
Łukasz Jan Korporowicz
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引用次数: 0

摘要

比较法研究的起源通常可以追溯到19世纪晚期。然而,这类研究在更早的时候就定期进行了。托马斯·贝弗(Thomas Bever)是比较不同法律体系这一理念的首批严肃拥护者之一。贝弗是一名民事律师,他成功地将英国教会和海事法庭的实践与牛津大学的奖学金和教学职责结合起来。在18世纪60年代和70年代,贝弗代表(或独立于)当时的皇家教授教授教授讲授民法课程。他的演讲在许多方面都是独一无二的,其中还包括一套比较演讲。贝弗从历史和现代两方面介绍了包括波兰在内的几个欧洲国家的宪法和法律制度。本文的目的是讨论贝弗对比较法研究的态度,并通过他关于旧波兰法律和宪法的部分讲座来介绍他的比较方法。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Teaching Comparative Law in Eighteenth-Century England: Thomas Bever as a Comparative Lawyer as Exemplified by his Lectures on Polish Law and the Constitution
The origins of comparative legal studies usually date back to the late 19th century. These kind of studies, however, were undertaken on a regular basis much earlier. Among the first serious adherents of the idea of comparing different legal systems was Thomas Bever. Bever was a civilian lawyer who successfully combined practice in the ecclesiastical and admiralty courts of England with Oxford’s fellowship and teaching duties. In the 1760s and 1770s, Bever was teaching the Civil law course on behalf of (or independently of) the current holders of the Regius Professorship. His lectures, unique in many aspects, were crowned with a set of comparative lectures. Bever was presenting the constitutional and legal systems of several European countries, including Poland, both in historical and modern dimensions. The aim of this article is to discuss Bever’s attitude towards comparative legal studies as well as to present his comparative method by reference to part of his lectures devoted to the old Polish law and constitution.
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CiteScore
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