Methods and Dilemma of Legal Geographical Studies
January 20, 2021 09:28 Source: "China Social Sciences" January 2021 Total 2094 Author: Tan Jun

The social relationship adjusted by the legal firm is under the specific time and space dimension。Therefore,Observing the law from the perspective of time and space is a normal and important thing。As Perreman said,Classical ideas in favor of the metaphor of space,Modern thoughts agree with the metaphor of time。In the eyes of many space researchers,Post -modern thought will return to the metaphor of space again。To some extent,This highlights the importance of the current society and its inherent structure (including law) from the perspective of space。Of course,This does not mean that traditional laws completely ignore space。On the contrary,The provisions of jurisdiction in law fully show the boundaries of the space effect and the conflict and debugging between different laws because of space。but but,The spatial effect of the law is just preset the internal universality and homogeneity of the law,Lack of in -depth attention to the heterogeneity of the law。Because of this,Legal geography came into being。Simply speaking,Legal geography is mainly a cross -disciplinary study of the relationship between law and geography (space),It includes different spaces for the generation of law、The impact of operation and effectiveness,It also includes the shape and change of different spaces。In the narrow sense,,Legal geography is a cross -disciplinary discipline between law and geography; in a broad sense,Legal geography includes not only law and geography,It also includes anthropology、Bet365 lotto review Sociology、Political Science、Crossing of multiple disciplines such as economics,Of course, the intersection of this multi -discipline is based on the relationship between law and space。

As a cross -disciplinary discipline,Legal Geography introduces spatial factors into legal research,Try to provide a more comprehensive knowledge about the functions and operations of the law in society。The so -called more complete,refers to the fundamental logic that it seems to be irrelevant and unique in legal fields and its reflection、Purpose and value integrate。As an empirical law,It must run under specific space -time dimensions,If the time dimension means the past of the law、Now and the future,Then the space dimension emphasizes the diverse legal state of coexist at the same time。Through space dimension we can see the complex situation that the law presented in different places。For example, Boaventura de Santos divides modern society into housework、Working space、Market space、Community space、Citizen space and world space,Each space has its corresponding legal form and power form,The laws in the specific scene are reflected as the superposition of laws in different types of space、Competition and conflict status。

The rise of legal geography benefits from the interpretation of the law and the critical law movement,The two broke the myth that the law is closed and autonomous,It is believed that the law has the characteristics of openness and uncertainty。Because of this,Like other social sciences,Geographical scholars have also begun to "invade" the law,To make up for the knowledge map of the law and space。After more than 40 years of development,Researchers have reached a consensus bet365 Play online games in the following aspects: first,Law、Space and society are superimposed or composed of each other; second,Law、Legal relations and legal results are uncertain,instead of the autonomy and certainty advocated by the illegal academic community; third,In law、In the connection between the relationship between space and society,Power occupies the core position。What needs to be explained is,Due to legal geography researchers emphasizing the power strategy of law in the spatial distribution and the corresponding inequality,with strong criticalness,Therefore, early legal geography is also called critical legal geography。

Starting from the research object,Legal geography can be divided into two types。First,Emphasize the impact of the natural environment on the law。Of course,Related research is not to analyze the direct role of the natural environment on the law,Instead, the specific political form or institutional structure formed through the original natural environment will affect the operation of the law。For example, analyzes traditional China Qilu from the perspective of geographical areas、Qin Jin、Jingchu、Wu Yue、Bashu's legal differences。American scholar Daniel Berkowitz and Karen Clay from temperature、precipitation、distance from the ocean、The original natural conditions such as the distance from the river or the lake studied the role of the original natural conditions to study its role in political competition,Then analyze how it affects the operation of the judicial system。2,Emphasize the impact of the human environment on the law。This interpretation path is often the economy in society、Politics、Cultural and other factors and bet365 Play online games spaces to analyze。For example,Chen Baifeng pointed out that rural law enforcement because of crowded resource space、High -density interpersonal relationship、Disclosure of power presents a different state from urban law enforcement。Another example,Browry revealed that sex workers faced by the law and space on the East City of Vancouver and the accompanying dangerous situation。but but,The distinction between physical space and social space is not strict,Actually there are many overlap,There are differences in the starting point of research。

In the cross -study of human geography and law,According to its research method, it can be divided into quantitative research and qualitative research。In terms of quantitative research,Researchers pointed out different legal services through statistical analysis of data、Legal Agency、Differences in regional space distribution in criminal behavior。For example,Analysis of Shan Yong's use of the Geographical Information System (GIS) on the hot spots of crime,provides possible for comprehensive grasping the laws of criminal space distribution。but but,Ying、Mei、Legal geography researchers in Australia and other countries mainly adopted qualitative research methods。They pass the file material、Media Report、Face -to -face interview、Participate in observation and other methods to collect data,Then organize it,In -depth anatomy with the theory of legal geography,Analyze the interaction between law and space。Here,​​We can see that the research method of legal geography is not special,Because of the research on human geography or law sociology research,Research methods Bet365 lotto review of social sciences,It is just that there are differences in the problem of problems and theoretical frameworks of its problem。

Legal geography is still in the process of development,Its research group has spread from North America to Britain、Israel、Australia and even some European countries,The theme of the research includes property rights、Urban planning、Immigration、Feminism、race problems、Environmental Questions、Space justice and other contents,Its research paradigm is subject to legal persons、Followers of Multi -Disciplines such as Law History,Corresponding papers and works also increased day by day。but but,Related researchers are mostly geography scholars,Law scholars are less。With the deepening of legal geography research,Its inherent theoretical dilemma is also highlighted。

First,Legal geography lacks a clear theoretical analysis framework。Although different legal geography scholars have preset the theoretical basis that constitutes the mutual composition of law and space,But the mechanism of the interaction between the two is not completely clear。What kind of mechanism does the law act on space,A mechanism has theoretical consensus that the space has passed on the law.,Most of the existing research is to explain the differences in law in different spaces through cases,Lack of a more fine theoretical framework。Therefore,How to further determine the "structural" factor and "capable" factor between law and space,It is an important issue facing legal geography。

2,Legal Geography while pointing out the space differences between the legal operation,Ignoring the homogeneity characteristics Bet365 app download of the law running in different spaces。Researchers of legal geography emphasize the openness and uncertainty of the law,The characteristics of the universality and formality of the law were ignored。Therefore,They observe the differences in the law in the space,Selectively ignore the homogeneity of the law in the space。In other words,How to cope with the universality and particularity of the law is another topic that the legal geography needs to cope with。

third,Legal Geography while criticizing legal reality,Failure to provide constructive solutions。Legal geography research represented by British and David Delaney,Using critical way to enter the way,Try to overcome the dual theory of law and space,Reveal the political purpose behind the law in space distribution and space production,That is, any neutral description of the elements related to the space cover the power factors behind it。These powers all reflect the interests of the dominant group,The purpose of achieving social control。but but,How to criticize the law,Providing measures that can be improved are also challenges that legal geography scholars need to respond。

Fourth,While analyzing space and legal interaction,It also needs to be included in the inspection。Legal geography researchers are mostly paying too much attention to spatial dimensions,Ignoring the importance of time dimension。Canadian scholar Mariana Valverde (Mariana Valverde) criticized this phenomenon,Analyze the legal phenomenon from the perspective of "time and space",provides important theoretical resources for legal studies in time and space dimensions。

Overall,The study of legal geography allows us to recognize the internal bet365 live casino games association of law and space,Not affected by things、Laws of physical and space restrictions are just fantasies of some legal theories。Limited to the necessary material conditions of the law,Only with the help of specific space -time can its power。From this perspective,Legal Geography reinsented the space we ignored back the theoretical vision。

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