A comparative investigation of the legal methode at the school of Bourges and the process of formation of the modern legal history in the sixteenth-century-France

笔者认为，法国法律的研究在近代欧洲早期，特别是在16世纪，尽管总体上选择了新的方向，但方法和主题是多样的。为了这一前景，我注意到法学家的个人活动，并考察了他们自己的法学著作。因为我认为这些基本的数据使法律的问题和法律的理论的观点变得清晰，并且我能够将这些问题或理论置于当代。在第一阶段，笔者考察了法学家于格·多诺及其方法。他有一个系统的意图，他自己的注释到罗马法律的来源。第二部分试图对当代法学家弗朗索瓦·杜兰、弗朗索瓦·霍特曼等进行考察，目的是对各种方法进行比较。最后，笔者考察了法国法学家雅克·库哈斯及其著作，特别是他的《观察与修正》（1556-1596）。这表明，他使用自己的方法，从早期的各种法律的来源，他没有系统的意图。他把每一个史料都置于每一个历史阶段。这种历史分析方法为研究本世纪乃至下一世纪的法律制度史提供了一种新的方法。

In my opinion, the french legal study had various methodes and subjects in the early modern Europe, especially in the sixteenth century, even if it has chosen a new direction in general. For this prospect, I took notice of the individual activities of jurists and examined their own juristic works. For I think that these fundamental data make the point clear at the legal issues and legal theories, and that I am able to place these issues or theories in the contemporary ages.I have continued this research for three years from 1991. In the first stage, I made an investigation into the jurist Hugues Doneau and his methode. And he had a systematic intention on his own exegesis into roman legal sources. In the second, I tried to investigate on the contemporary jurist Francois Duaren and Francois Hotman, and so on. The aim of this approach is to compare one methode with others. And I came to a conclusion that, as Prof.Hans Erich Troje suggested, they extended their spheres of legal sources and their scopes of problesm in the juristic activity.Finally, I examined into the jurist Jacques Cujas and his works, particularly his "Observationes et Emendationes (1556-1596)". And it makes clear that he used his own approach to various legal sources from early period and he had no systematic intention. He placed each historical sources into each historical stages. This hitorical approach to analyze brought out a new methode to study a history of law and institution in this century and the next.