Questionation of legal geography
January 20, 2021 09:26 Source: "China Social Sciences" January 20, 2021 Total 2094 Author: Yang Jingzhe

Legal Geography (Legal Geography) usually finger,Following Politics in the 1990s、A number of geographicalists who have issues such as legal and power relationships have opened a new research field developed by the academic accumulation of the cross -study of law and space。This field takes multiple space concepts and legal concepts as a prerequisite for cognition,will reconstruct the concept of space、Revealing space inequality and seeking space justice as the basic task of interacting with space。

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The 1960s and 1980s was a preparation stage for the birth of legal geography,cross -study of the cross -study of legal and space exists in the "Geography of Law" and "Law and Geography"。such as,K. D. Harris's criminal geography and justice research,City Power Research,Water Law Study on B. Grossfeld (B. Grossfeld),P. H. Sand's African Law Fusion Research,and Santos (B. de S. Santos) Latin American legal diversified research。These studies use the concepts and methods of social sciences,Studies with both policy research and standardized research。However, it seems that legal geographic scientists in the 1990s,These "cross studies" difficult to break through the traditional space view and its conceptual method,It is impossible to reveal the power/right relationship of the established legal/space embedded。such as,British (n. Blomley) and others believe,Compared with the cross -study of law and space,The research orientation of legal geography should be a critical study。Criticality of Legal Geography,On the one hand, it is closely related to the position of early advocates,They believe that legal geography is part of the critical law -the closedness of the law、Universality and formality claims to hold a certain doubt; on the other hand,,Legal geography was affected by the critical position Bet365 app download of the "spatial steering" Bet365 app download of humanities and social sciences since the 1970s。

Actually,Legalists have paid attention to the society of space -legal composition and legal society -space composition,But their understanding of institutional changes is very different from critical geographical writers。The mid -to -late 1990s,R. T. Ford's "Law Territory: History of Territory Government" and Davie COOPER (D. Cooper "。It is worth noting that,early 21st century,Various radical space practices and discourse in the world's major civilizations gradually transform into a critical force within society,Researchers are in more investment system construction。At this time, the legal geography scientist is obviously different from the starting point of its early advocates,They are based on different social and historical contexts、National maturity and the complexity of the problem itself,​​With the support of multi -disciplinary resources,Select a certain or several research orientation。In other words,Policy Studies、Study and critical research should be regarded as an integral part of today's legal geography。

With the expansion of the influence of the "space" in the field of political -legal field and the participation of multidisciplinary research,The focus of legal geography is from territory、Land、Property、Planning, etc.,Gradually expand to the rights of special groups、Social Welfare、Food Safety and Public Health、Natural Resources Protection and Court's National Chronicle。The representative research results of the last ten years include,S. Müller-Mall's legal topology、Research on Wildlife Protection of Braderman (I. Braverman)、Date (S. Keenan) The main research on the relationship between law and space、The legal space -time study of M. Valverde (M. Valverde), as well as the comparative law of the Pedom Rights of Bendin (A. Kedar) and others。The book "Legal Geography: Perspective and Methods" published in early 2020 Focus on Bet365 app download the law、Environment、Development and the relationship between culture,It is considered to be a masterpiece of trying to summarize legal geography methodology。

 Re -understand the concept of space

After 2010,The discussion of legal geography in the theoretical and legal community in my country has formed a certain scale。But the current discussion on geography/space is in the problem、There are differences in the choice of path and method,However, these discussions point to the concept of "space" together、Heterogeneity and complexity and its performance in the field of politics and legal。Understand from the perspective of theoretical law,The awareness of legal geography can be summarized as the following three aspects。

First,Reflection of modernity and its legal discourse。The modern narrative of "eliminating space in time" is reflected in the economy、Political and cultural fields,Also reflected in the legal field。Under the leading narrative of "time -history",The evolution of modern law has become the "achievement" of the law to obtain globalization,It also produces the "consequences" of legal loss of space。For example,Legal specifications of specific nation -states、System、Value and general theory for transplantation、Successive、Output or reconstruction to expand to global,The scientific nature of legal theory and the empirical of national law strengthen the "de -spatialization" feature of the law。Turn space as a place、Place、Resource and other objective phenomena or adjustment objects,It is a inherent conceptual way of law for the law,It is also the "space common sense" of the legal person。Modern legal discourse from a kind of nature、Disposal of the concept of homogeneity and unity,In the practice of legal practice of daily life,Dynamic of space、Different and diversity is covered。The "Space Common Sense" of theoretical Law is the composition of modernity and legal discounts on the "macro -ideology" level。

Second,"Space Treatment" in response to the field Bet365 app download of humanities and social sciences。"Space Turn" in the field of humanities and social sciences began in the 1970s,At that time on the edge and slightly radical space problem, in the 1990s, it eventually became a "steering" that affects the paradigm of humanities and social sciences,Try to eliminate discipline boundaries and problem -oriented interdisciplinary research has become an important manifestation of today's "space steering"。In the last 20 years,Thinking Spatially appeared in global governance、Space Policy、International relations、Sustainable development and ecological and natural environmental protection research,The rise of legal geography has become the example of this "steering" in the field of legal research。Space discourse in different disciplines produces a large number of observations and descriptions on the legal field,important is,What scope and extent these observations and descriptions affect legal theory and practice,How should legal researchers respond?

Third,Re -understand the concept of space in theory and practice。In legal theory,The traditional "domestic -international" two -point method is based on the boundary of the national physical space of the nation.,This two -point cognition is challenged by the theory of legal globalization。Although Legal Centralism is still dominated by the legal practice of various countries,But some important theoretical reflection and empirical research have stated to jurists,Regardless of the place、The country is still global,The space has never been static and homogeneous。The spatial conceptual model of modern legal theory is rooted in the law of the law、Pursuit of unity and certainty,At the same time, it also shows the functional orientation of the law that is trying to simplify the complexity of modern society。In specific provisions、Judgment and Code,An internal normativeity is mixed with the "transformation" or "resistance" legal/space、Diversity and heterogeneity。But,Some basic concepts Bet365 app download related to the space involved、Classification standards and adjustment objects are changing,This change is not appropriately expressed in the existing cognitive framework of law,In this sense,External observation and description may be able to provide some help for us to re -understand the space concept of legal research and legal practice。

  Multi -level cognitive framework and theoretical preset

After more than 30 years of development,Legal geography still belongs to a new field。Whether abroad or domestic,It is studying objects、Field definition and the theoretical framework does not mature consensus,These problems have always troubled legal geography researchers and other scholars who try to understand legal geography。But from another angle,The future of "Young" legal geography is also full of possibilities。In view of the differences in context and diversity of problems,Determine it directly for its nature,We might as well use legal geography as a multi -level cognitive framework containing possibilities,This framework shall contain the three "problem consciousness" in the aforementioned "problem",At the same time, there must be some basic presets,Acknowledge: First,A social -legal concept; second,Diversity of law; third,Legal society -space constituent; fourth,Multi -space view; fifth,The heterogeneity of space; sixth,Incidentality of space; seventh,Variableness of Space。Legal geography as a cognitive framework may include the following three levels。

First,As a legal geography of the research domain。Look at legal geography with a post-disciplinary method,regards it as a problem -oriented research field,Dilute the boundary and problems of the disciplinary limit。such as,Equivalence on regional space rights、Re -defining of gender space、Public -the boundary of the private space and the treatment and protection of river waters,Law researchers explore possible solutions as participants。The first issue of the attention of participants of all Bet365 app download disciplines of legal geography is the identification of the nature of the space and its interaction with the background system,The importance of law researchers is reflected in the discussion of policy and standardized research,This discussion shall be based on multiple alternative solutions,instead of directly legalizing all problems。

Second,As a legal geography as an observation perspective。Under the premise of the theory of space-based-organLusivity,Considering legal geography research as an external observation and description of the legal world。This observation and description is not conflicting with "Law Logic",It is similar to a feedback mechanism。Researchers use geography、Social Theory、Social sciences and other fields of law,Provide a spatial analysis or space interpretation for legal phenomena in different contexts。such as,About ethnic regional autonomy、Urban Space Planning and Land Management Issues,Legal Geography attempts to reveal the laws of the rules and systems that may be "de-contextualISATION)-space relations and rights/power relationships among them,Show the complex diversity of people in the multi -dimensional space and the effect of the implementation of the law,to review the advantages and disadvantages of the system。

Third,As a legal geography as a comparative method。Based on the comparative legal geography of Kida,Australian scholar L. Spencer proposed to be a legal geography as a comparative method。Whether it is concept、Comparison of functional or meaning,Comparative methods have put historical and cultural factors in the first place,This is also the consistent idea of ​​discussing the problem of legal transplant。Legal geography scholars think,History and cultural factors are important,But the future comparative research needs to focus on the environment、Interactive relationship between people and systems,The diversity of the environment and the diversity of people。The idea of ​​combining legal geography with comparative law is precisely based bet365 Play online games on this,The concern of legal geography involves both environmental (physical/social space)、People (mental space) and system (social space),It also involves diversity and other issues (spatial heterogeneity and legal diversity)。Based on the accumulation of some experience research,This idea may have important methodological significance for reflecting on existing legal transplant research。

  (This article is the central university's basic scientific research business fees · Aid of the Chinese University of Philosophy and Social Sciences of Overseas Chinese University "The Space Imagination of Legal Research" (19SKGC-QT04) phase results)

(Author Unit: School of Law of Overseas Chinese University)

Editor in charge: Chen Jing
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