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新时代旧学生:1949年前后法律教育断裂中的延续—以上海法律学生群体为中心的考察

 

摘要:在史学领域,1949年往往被塑造成文化断裂的鸿沟,难以跨越,在法律教育史领域也存在同样的问题。法律教育史当中缺乏关注的法律学生群体于1949年前后,在多样化心态之下做出抉择,或去往港台,或去往国外,但大部分选择坚守大陆。对于选择留守大陆的法律学生,他们的抉择有政治理想、功利计算等多种因素考量在内,抉择的考量因素也影响了他们留在大陆以后对于时局的因应方式。新旧法律学生共同进入1949年以后,这一形式注定了新中国与民国法律教育之间无法拒绝的继承关系。另一方面,1949年后对民国法律教育存在吸取有益经验和汲取挫败教训的现实需要,亦是一种继承关系。
关键词:法律教育 法律学生 政治理想 功利计算 理性应对
   The “Old” Students in the “New” Age: the Continuity in the Rupture
of Legal Education around 1949 - A Study based on the Research
of Law Major Students in Shanghai
Jiang Zeng
 
Abstract: In the research field of history, the year of 1949 was often described as a gap between cultures which was difficult to bridge. In the research field of the history of legal education, the same problem existed. The research on the history of legal education about the period of before and after 1949 also lacked. The law-major students in that period had to make decisions in the situation of diversification - they went to Hong Kong, or abroad, but most of them determined to stay in mainland China. For those law major students who chose to stay, their considerations were various, such as their political ideals and even their utilitarian calculations and other factors. The factors which impacted their determinations also affected their corresponding ways with the situation. When the “new” and “old” law major students joined together after 1949, this situation was destined to inherit the relationship between the new China and the legal education in the period of the Republic of China which could not be rejected and eliminated. On the other hand, there was the other form of succession relationship that the legal education after 1949 had the practical needs to absorb the successful experiences and learn lessons from the counterparts in the Republic of China.
Key Words: legal education, law major students, political ideals, utilitarian calculations, rational response

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