摘要
徐道鄰（1906-1973），清末出生於日本東京，跟隨父親徐樹錚（1880-1925）出使歐洲，遂在德國就學。其間，因徐父被北洋軍閥馮玉祥殺害，他曾一度返國，但仍以《憲法的變遷》論文，獲得德國柏林大學的法學博士學位。徐道鄰早年從政，二次大戰結束之際，堅持控告馮玉祥殺父，為了訴訟，並不惜辭官，以避免政治上的誤會。因此，他罷歸上海，後來輾轉渡海至台，從而踏入大學教育與法史研究的領域。徐氏受過西方法學訓練，一向積極介紹歐美社會科學新知，又擅長整理國故，有關「中國法制史」的講學與著述，成果都非常豐碩。本文追溯徐氏的生平，深入評析他所撰寫的《唐律通論》、《中國法制史論略》、《中國法制史論集》等等重要著作，嘗試理解新、舊時代交替下，傳統中國知識份子的學術涵養與理想。
Hsu Dau-Lin (1906-1973), born in Tokyo Japan in late Qin period, went to Europe with his father, Hsu Shu-Zheng, an envoy, and therefore studied in Germany. Once during that time, Hsu went back to China as his father was killed by Feng Yu-Xiang, a Beiyang Warlord. Even though, Hsu was still conferred doctor of jurisprudence degree of Humboldt-Universität zu Berlin by his dissertation “Die Verfassungswandlung. (The Constitution Transformation).” Hsu Dau-Lin served as a government official in his early life. At the end of World War II, he insisted to accuse Feng Yu-Xiang of killing his father. Hsu even resigned from his position in order to avoid political misunderstanding about the accusation. Thus, he resigned and went back to Shanghai and then to Taiwan, where he involved himself in college education and started his jurisprudence research. Hsu was trained with Western research method in jurisprudence and always keen on introducing new information and studies of social science from Europe and the United States. Hsu was also good at collecting and organizing national cultural heritage. His writings and lectures of “Chinese Legal History” are fruitful and abundant. This article traces the life of Hsu and reviews his most important works, including “General Treatise on Tang Codes,” “Discussion on History of Chinese Legal History,” and “Anthology of Treatises on Chinese Legal History,” trying to understand the academic ability and ideals of Chinese intellects at the turning of generations.
關鍵詞
徐道鄰、徐樹錚、唐律、憲法的變遷、社會科學、中國法制史
Hsu Dau-Lin, Hsu Shu-Zheng, Tang Codes, The Constitution transformation, Social Science, Chinese Legal History
