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19世纪现代学科兴起,形成不同的研究对象和研究方法。随着学科界限的确立,对具体问题的讨论也逐渐深入。甄克思和麦克奇尼处于这一转型时代,接受相近的学术训练,同样思考《大宪章》问题,在事实梳理相近的情况下,得出了迥然相异的价值判断,并获得了截然不同的学界反应。两者都承认“liber homo”是贵族,《大宪章》是贵族宪章,给予其他等级的权利十分有限。甄克思据此认为《大宪章》并不是宪政进步的标志,但麦克奇尼却发现了私利、法治、国家和情感四层价值。麦克奇尼也承认《大宪章》缺乏常规制约手段,但却认为《大宪章》对权衡和对改革深信不疑,是对法治的认可和规划。这种矛盾之造成,既由于双方研究中的史实疏漏和立场选择,也在于对《大宪章》之后的发展缺乏深入研究。甄克思与麦克奇尼的观点迥然相异,学说的命运也大相径庭。麦克奇尼的研究确立了20世纪《大宪章》的叙事基调,在其后的六十多年里都是学界主流。《大宪章》也以此种方式成功地融入了英国的现代性叙事中,不惟为英国人言说,也为其他欧美国家承认。
The rise of modern disciplines in the 19th century led to the formation of different research objects and research methods. With the establishment of disciplinary boundaries, discussions on specific issues have also been gradually deepened. In the transitional era, Zhen Kesi and McKinney accepted similar academic training, and on the same issue of thinking about the “Magna Carta”, came to disparate values judgments with similar facts and obtained quite different academic circles reaction. Both recognize that “liber homo” is a nobility, “Magna Carta” is a charter of aristocracy, and rights to other levels are very limited. According to this, Marx claims that the “Magna Carta” is not a sign of constitutional progress, but Maccini has discovered four values of self-interest, the rule of law, and the state and the emotions. McKinney also acknowledged that the “Magna Carta” lacks the conventional control measures, but believes that the “Magna Carta” is convinced of the trade-offs and of reform that it recognizes and plans the rule of law. This contradiction results from both the omission of historical facts and the choice of position in the research of both sides and the lack of in-depth study on the development after the Magna Carta. Zhen Kesi and McCoffini’s point of view is very different, the fate of the doctrine is also very different. McKinney’s research established the narrative tone of the 20th Century Magna Carta and prevailed in the academic field for more than 60 years. In this way, the Magna Carta successfully integrated into the modern narratives in Britain, not only for the English people, but also for other European and American countries.