摘要
法史學研究的對象至少可以涵蓋四個面向，即法律規範、法律制度、法律思想和法律意識。在此界定下，本文針對五十年來臺灣法學院中法史學碩博士論文的發展情形進行分析與評述。從指導師資的更迭和論文研究取向的歸類來看，大致可區分為三個階段：一為1956年到1978年的奠基期，一為自1979年以迄1995年的傳承期，時至近十五年來，有了很大的變化，是為轉型期。
綜觀三個階段的重大衍變，除了論文產出學校的版圖分佈發生推移外，論文的研究主題，也隨著史料發掘和師資、社會氛圍的變遷，呈現出日益多元的景象。尤其，近年來臺灣法史與晚清民國法史研究的蓬勃發展，以及裁判法史的漸受重視，是為一大特色。
透過法學院法史學碩博士論文發展情形的分析，展望未來，法學界的法史學研究與教學仍有幾個值得努力的方向：其一、進一步促進中國法史與台灣法史研究的交融；其次、持續強化不同學科間的科際整合；再者、注重行深法史基礎理論人才的培養。而有關法史學研究人才的育成，以務實的角度來看，不妨採取「擇優栽培」的方式。
In the field of the legal history, the subject of study covers at least four aspects, which includes the legal rules, the legal system, the legal thinking, and the knowledge and concept of law. Under the aforementioned framework, this research focuses on the analysis and the comment of the development of the Master’s and PhD theses regarding the legal history gathered from the schools of Law in Taiwan over the past fifty years. Three stages can be sorted and concluded from the changes observed in teaching professionals and the overall direction involved in the research of such theses. The first stage extends from 1956 to 1978, which is also known as the establishment period. The second stage is from 1979 to 1995, which is the heritage period. Finally, the past fifteen years can be accounted as the transformation period involving drastic adjustments.
Judging from the radical transformation of the aforementioned stages of development, there has been a diversity in the topic of research in the legal history due to the discovery of historical resources, the teaching professionals, and the shift in the social atmosphere, coupled with the changes in the allocation of schools of which the theses are generated. The special feature of this diversity is the increasing attention received by the prosperous development in Taiwan’s legal history and the legal history of the Late Ch’ing and the early period of the Republic of China, as well as the growing interest in the history of court rulings.
It is through the analysis on the development of Master’s and PhD theses from the schools of Law in Taiwan can we see to its future progress. There are still areas where continuous efforts must be dedicated in legal research and teaching regarding the field of the legal history. First of all, there must be more advancement in the convergence between the research of the Chinese legal history and Taiwan’s legal history. Secondly, there must be a gradual increase in the consolidation of the methods and concepts between different research departments. Thirdly, attention must be placed on the cultivation of potential talent who would place emphasis on the theory of the legal history. Last but not least, the incubation of potential talent for the research in the legal history may adopt the method by training of selected few from a practical perspective.
關鍵詞
中國法制史、中國法律思想史、臺灣法律史、碩博士論文
The Chinese legal history、The Chinese legal thinking history、Taiwan’s legal history、Master’s and PhD theses
