Anthropology Revelation of "Opera Pu La"
May 26, 2021 10:18 Source: "Chinese Social Sciences" May 26, 2021, Issue 2173, Issue 26, 2021 Author: Yin Tao

The usual point of view of the West thinks,The law means objective、Abstract、Righteousness of reason,will only appear in the text,and subjectivity、Entertainment opera、Dance and other art forms are not involved。But in China,The relationship between opera and law can be described as long and long。Tian Zhongyi、Wald Ying、Jiang Shibin and other scholars from the perspective of anthropology,Discussion of opera and local festivals、The relationship between clan ethics,Zhu Su Li、Xu Zhongming、Sun Yongxing and other scholars have a lot of discussions on the relationship between traditional opera and law,and Pei Yili、David Olm、Meng Yue and other scholars discussed the relationship between the national policy from Ruijin to Yan'an to the New China policy and local opera。Relatively speaking,The research on today's "Opera Pu La" needs to be further strengthened。The significance of "Pu La of the Opera" is,It can help us shift the focus of research from "dispute solution" to the "communication process"。

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"Family violence,Harm and harm to your family,This is not a small matter for family,Instead of violating women's rights and interests,Destroy social harmony。We must join hands,Commonly stop home violence。"A middle -aged woman on the stage appealed to the way。This is a opera sketch "Can't Go to this Road" during the Lantern Festival during the Lantern Festival in 2008。The performer is the opera enthusiasts of the countryside,Under the guidance of local government officials,Promote the country's laws and regulations in the way of acting。This sketch tells the story of a rural woman who drinks pesticides for her own family violence bet365 live casino games because of the husband who often gets drunk gambling。The heroine's name is Xiaozhen,The actor name is two dogs,They have a daughter。For the operation of the entire family,Xiaozhen is busy and busy,In addition to working in the ground,I have to cook for my family。On the contrary,Two Dog Travels Leisure,Drinking and gambling all day,Lie on the sofa when I get home,and ask Xiaozhen Tea Rice to wait,Slightly neglect,Then he punched her and kick。One day,Er Dou owes gamblers to take advantage of giant debt,Walking in the way,Taking the house and wife as a personal property repay,and give the door key to Zhan Guang。Zhaoguang get the key,Go to his house in the middle of the night,Rape Xiaozhen。Xiaozhen is sad and angry,Drink pesticides to commit suicide during despair,Before dying, I called the village woman director。Village Women's Director immediately report to the police,The police then arrived,arrest the two dogs and Zhanguang,Rope with the law。

One of the goals of the social construction of the rule of law is to strengthen the consciousness of the people's rule of law,Shape "Knowing the Law、Law、Understanding Fa "new citizen。Starting in 1986,The Central Committee of the Communist Party of China has opened a series of "Five -Year Law Plan",Various forms,There are slogans、Vocket Broadcast、live broadcast、live broadcast、Legal Knowledge Competition, etc.。The content of the prohibition of domestic violence was written into the 2001 "Marriage Law" and the 2005 "Women's Rights Protection Law",Naturally, it has also become one of the contents of the work of rural law punching。Henan、Shandong、Shaanxi、People in Hebei and other areas have the habit of listening to drama for a long time,"The Pu Law of the Opera" gradually becomes the main form of local propaganda laws and regulations。

  Insufficient research on dispute research and the efforts of Sali Meli

Western anthropology basically based on dispute settlement as the core before the 1990s,Hobel、Lu Elin、Grakman、The classic research of Nadel and others is an example。Recent,Many scholars such as Franz Benda-Beckman and Wananli and others,If legal anthropology should be advanced,It should be out of the mode with the core of dispute research as the core,Regardless of whether these studies are "rules center paradigms" or "processist method"。As far as the research of legal anthropology in China,Lin Yaohua's "Golden Wing" and Fei Xiaotong's "Earth China" before the establishment of the New China description of the phenomenon of rural disputes,3015_3028、Liang Zhiping's "Multiple Method"、Zhu Su Li's "Judicial Practice"、Zhu Xiaoyang's "Extended Case"、Zhao Xudong's "Authoritative Diversity" and other discussions,All discuss the relationship between the national law and the local law with disputes as the core。In short,Chinese and Western legal anthropology has achieved quite brilliant results in the study of disputes。but but,To a certain extent, this has also led。

The recently died American legal anthropologist Sali Meli made outstanding contributions in the field of expanding legal anthropology。In 2006's monograph "Human Rights and Gender Violence: Translate International Law into Local Justice",She explored the concept of human rights in India、Fiji、United States、Mainland China、Propaganda process of five areas including Hong Kong, China。Merry noticed,The "Elimination Convention on Elimination against Women" by the United Nations,Women's rights are centered on Western individual human rights,Its core is that individuals have an indifferent private property right、The right to infringe on the body, etc.。But,Culture in different places for personal property bet365 Play online games rights、The definition of physical complete rights is also different。So,When these human rights concepts from the West are promoted at different places,First of all, the differences in different legal concepts。

Meili locks her eyes on those translators of different laws,For example, social workers、Social actor、University professor、Staff of private organizations, etc.。On the one hand, their knowledge about human rights of Western women,On the other hand, I am also familiar with local culture。Therefore,They play the role of middleman and translators between women's human rights concepts and local culture。Merry noticed,Local is not power and cultural vacuum,The translation process of foreign human rights must go through a "context" process。First,From the perspective of power relationship,Promotioners of the concept of human rights of multinational women must communicate with the local authority。Next,In order to allow local people to accept these foreign legal concepts,Related legal persons in the process of translation,Must be borrowed from local cultural concepts or symbols。For example,When promoting the concept of human rights in China,Gender actors will join the Confucian traditional content about family harmony,To facilitate the audience to better understand。The specific promotion methods of these intermediaries include slogan writing、Street speech, etc.。Meili pointed out,Communication technology is very critical in the process of legal communication。Although Mei Li's discussion did not pay special attention to the "opera Puppet method",But her thinking is also inspiring for our related phenomena for studying China。Her research is extremely similar to the themes we pay attention to,When a foreign legal concept enters a new place,What methods do parties bet365 best casino games need to adopt to perform the process of law popularization。

  Analysis of sketches

Benefiting from the inspiration of Sale Meli,We can analyze the opera sketches mentioned earlier。From the perspective of modern laws promoted by the country,It is strictly forbidden for family violence because the personal rights of women's individuals should be protected,No one can invade at will。and,Family violence will not only affect family harmony,It will also affect social stability and economic development,So it must be prohibited。In Gaotai Village,Family violence is usually called "husband playing wife"。The common interests of rural areas are based on the common interests of the family,Think that people are not independent individuals,but the individual in the relationship,Whether it is a husband or a wife,All should fight for the future of the family。Different from the individual definition of modern laws,Philosopher Zhang Dongzhang described the definition of Chinese tradition as "dependent",That is to say,Everyone depends on others in the family to realize the meaning of life。The focus here is human responsibility,instead of human rights。In Gaotai Village,Once a husband and wife quarrel or even fight,,Near neighbors and elders will intervene in mediation,The general policy is "persuasion and not persuasion",Its purpose is not to distinguish the right and wrong of individuals,and restore the relationship between the two people。

There are differences between the modern laws implemented by the state and the traditional rural traditional law。When promoting national laws,Local government staff need to face this difference。If the content of the promotion involves only national laws,Local farmers will feel strange。But if you only talk about the customary method of the familiar local people,Lost the purpose of spreading bet365 live casino games again。The usual method,It is grafting modern law and customary law in publicity,The purpose of "reincarnation into cooked"。In terms of content,"Can't Go this Road" contains two legal logic and its grafting relationship。One is the logic of the rural customary method,It is based on the common interests of the family。From this heavy logic,Xiao Zhen, who worked hard for family livelihoods,It should be praised and encouraged,Two dogs who drink and gamble outside all day,It should be criticized and educated。Various behaviors of the two dogs completely violate the family responsibility that a husband should bear。At the beginning of the sketch,The words of modern law have not appeared,But described the two dogs drinking and gambling、The facts of scolding Xiaozhen often,The subtext is any woman、Even if his wife cannot be violated at will。When Xiaozhen drinks pesticides to commit,The police then came to arrest the two dogs and their gamblers,Village Women's Director's advice, "This is not a trivial matter,Instead of violating women's rights and interests ",The grafting of national law and customary law。Here,Ergou first becomes the opposite typical of the village's customary method,can it become the negative textbook of modern law。The logic of this sketch is basically the same as the logic of "White Mao Girl",Huang Shiren first is a negative character that violates the ethics of the village,Then it can become the class enemy of the party and the country。The author refers to the translation relationship of the above different laws as "legal grafting",This concept helps us study the influence and staggered state of different laws,At the same time, see,Material method is affected by external factors,can maintain its own certain independence。

"The Pu method of the Opera" contains far -reaching bet365 best casino games anthropology revelations,It helps us to focus on the focus from "dispute solution" to "communication process"。Different from legal historians only explore the relationship between law and drama in Chinese history,The advantage of the current field work of "opera" is,We can track the writing of the French script、Modify、Performance and effect。"Pu La of the Opera" involves tradition and modernity、Country and local、Multiple relationships such as China and the West,It is an area that is worth exploring in the future of the legal and social sciences。

  (Author Unit: School of Humanities and Social Sciences, Harbin University of Engineering)

Editor in charge: Zong Yue
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