Rationalism refers to a theoretical viewpoint or ideological trend that advocates rationality and emphasizes the role of rationality in philosophy. Rational spirit should contain four meanings: first, pure rationality means that people go beyond sensory desires and interests, do not seek utility or gain or loss, and explore various abstract speculative problems out of the pursuit of intellectuality, perfection and absoluteness and the impulse of creation. The second is practical rationality, which means that people deal with their relationship with the outside world for utilitarian purposes, aiming at pursuing beneficial results. Thirdly, analytical spirit is a process in which people consciously distinguish between subject and object, keep a distance from them and observe them objectively. Fourth, the spirit of positivism is to attach importance to the observation of experience and first-hand materials, the verification and practice of theories, and the collection of a large number of materials in the process of understanding and research, without superstition or blind obedience.
The rational spirit of Roman law can be analyzed from the following angles:
1, the spirit of private law
The first contribution of Roman law is to create the division between public law and private law. Public law generally adjusts the national interest law, and private law adjusts the personal interest law. Everyone's private rights are innate and equal, and do not need to be given by law. The concept of cost-effective public and private law has been very clear in Roman law era. Roman jurist in the third century said: there are two research objects of law, public law and private law. The emergence of this advanced thought is inseparable from the mode of production of commodity economy experienced by Roman society. According to the particularity of Roman society and the continuous expansion of Roman government, the commodity exchange between different city-states was further promoted, thus realizing the development of simple commodity economy in Roman cities. The contribution of the Romans to justice lies in their high abstraction and theoretical thinking on private law rights.
2. The spirit of natural law?
The law of nature is the law of nature, that is, the objective law of nature. Natural law is opposite to real law, and it is an illusory legal spirit in theory. Natural law expresses a kind of natural rationality, and City No.1 Middle School is based on indifference. Natural law foretells justice, equality, fairness and love. ? Roman law is full of the spirit of natural law and is based on ancient Greek philosophers. The earliest philosophers in ancient Greece were natural philosophers, who used nature to explain the world and advocated that human beings should live according to the laws of nature. With the development of the Roman city-state, the thought of natural law has also been improved.