The ontology of the law generally refers to "What is the law",or the question of "the objective/authority/normality of the legal/authority/specification" extended from this。On the one hand,In the traditional academic system,The answer to this question is almost monopolized by the philosophy of Fa。Various Law Philosophy Schools in the History of Thought,It is also mainly based on the original answer to the legal theory of the law.。On the other hand,Legal anthropology, especially the British and American traditions of legal anthropology,It seems that there have always been less positive discussions on the problem of legal body theory。At least in the form of expression,Their focus is on the field of experience,Description of the special nature of different cultural traditions。Although this description often touches the question of "what is the law",But overall,The feeling of legal anthropology is still a discipline that is more experienced than philosophical and speculative。
This subject specially reversed in a study based on the study represented by French legal scholar Bruno Latour (Bruno Latour).。If the mainstream legal anthropology of the United Kingdom and the United States is rooted in an empirical and pragmatism philosophy,Generally there are fields,Re -induced theory; but French legal person science represented by Ratul has obvious mainland rational philosophy,Usually there is a consciousness of theoretical problems bet365 live casino games first,Go to the field。As the most international influential master scholar,Latur also inherited the "Glory Tradition" of Lievi Strauss and other predecessors,They all think that the ultimate purpose of anthropological research is to answer the fundamental question of philosophy。He even called his research directly as "French -style Philosophy -Anthropology Research"。This feature is also reflected in his thinking about legal issues -he uses the path of anthropology,Answers to the question of "where the objectiveness of the law comes from"。
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A fact,The study of legal issues is just the natural extension of Latur's huge anthropology research plan。He has never considered what his concept will have on the theory of law。In anthropology research in Latur's life,"What is the essence of modern society" this question plays the core role。From this,He extended his experience field to the core field of each modern society,What kind of foundation does the "objective modernity" claimed by the people。These fields include scientific laboratories、Religious Organization,It also includes institutions that produce real methods。
The method he adopted is called "actor-network theory,ant),It is an anthropological research path。Some researchers summarize ANT into four most important aspects。First,Actionmen: All the things involved in the facts of the facts are actors,Latur especially emphasized the status of "non -people actor"。2,Non -Restore: Nothing can be restored to other things,This point has a strong phenomenon taste。In fact, non -restores still emphasize that everything can become actors。third,bet365 Play online games Translation: Since there is no alternative,Therefore, what can really be connected between things is translation。Fourth,Contact: The connection between things is divided into strong joint and weak contact,Latur believes that studying these connections is the task of social discipline。Simply put,Ant emphasized that the connection between various actors has created the so -called truth and objectivity of modern society。"The actors form their own theory。We should only follow them and describe what happened -how the relationship and connection form or fail to form。"So,Latur claims that ANT is still an anthropology method that focuses on describing。
Latur will re -integrate "Society" with ANT,means to re -understand the society that is defined by people before。ANT throwing a traditional method of viewing the world such as "Master -Passenger Confrontation", "Humanities -Science Confrontation",The scale of the action chain、complexity and length to explain the differences。He advocates,"The higher the degree of social" network ",The more people and things involved in this fact,The closer it is to real and difficult to be replaced "。
Write in the National Chronicle of the Supreme Administrative Court
Law is an inevitable field for Ratur's research on modernity,Because the laws of modern society have always declared that it is neutral and objective。within a few years,Latur uses anthropology perspective,In his own words, it is "attached to the wall of the Supreme Administrative Court like a fly",Observation and research on the manufacturing process of the law (French administrative law follows the tradition of example law to a certain extent,Therefore,So as to complete bet365 live casino games the work that has a profound impact on the legal theory of law- "The production of law -research on the Supreme Administrative Court"。In fact,In recent years, there are many works that have studied the judicial field with anthropology methods,Especially in the English world。Representatives, such as the research of American scholars Conley and Obal,and Professor Wu Guiheng's research on the Hong Kong Court。Most of these works are focused on problems such as language and power relationships in the judicial field,Use more discourse analysis and other methods。Latur's research is more unique in the perspective,He takes language、Power relationships and other issues are placed in a more magnificent theory,Focus on the relationship network composed of various actors。Those "nodes" that traditional judges do not follow are just elements in this relationship network。
In the first chapter of this book,Latur introduced the basic operation mode of the French Supreme Administrative Court based on a lawsuit,Including the composition of each organization, etc.。His description is trivial and vivid。For example, he mentioned,Government officials stated that the tone of their legal opinions is very solemn and formal,But after finishing speaking,The staff on the scene have neither applauding nor objection,but continue to sit there expressionlessly。This is actually leaving a foreshadowing for the objective issues of the law for subsequent discussions。Chapter II mainly talks about the various physical processing processes of the case.,Still description of details。Different physical signs of the case sign marked that it entered Bet365 lotto review different states in law,From open to not sure,OK to compare,etc.。The more actors involved,The more the relationship between the connection,Legal facts are often more certain。Chapter III is describing the people in it,For example, the educational background of the person component of the Supreme Administrative Court、Each position of the job, etc.。He tried to explain,The cost of "human resources" attached to each judgment (he calls the "year of the human") is very high。This also constitutes a wide extended network chain,to ensure the "objectiveness" of the law。Chapter 4 Focusing on the "discourse" of the judges。Latur tried to discover more than just the relationship between power,but his so -called "value object",Including the authority of the court members、Legal methods、consistency, etc. (total ten)。These value objects are equivalent to "variable",Continuously changing in the judge's words。Their arrangement combination and interdependence determine how the judge uses demonstration to produce determined judgments。
Thinking of the "objectiveness" of the law
After a series of details described,Latur's finally entered the philosophical discussion on the objectivity of law。Of course,Based on his anthropological writing habits,This discussion must be the "discussion"。He compared the scientific laboratory and court in space settings、Working atmosphere、The similarities and similarities of the homogeneity and heterogeneity of items。Latur believes that the circulation of the case in the judicial system has gradually promoted a sense of distance and transcendence between personnel and judgment,This is completely different Bet365 lotto review from the activities of the scientific laboratory。This sense of distance and transcendence also produces the objectivity of the law。In addition,Both are both similar and different in the language structure,This also determines that they are different in ways of producing objectivity。
On the basis of criticizing Budie and Luman,Ratur proposed,The law is restrained by discourse,To some extent is a game that is self -referred to。He believes that the law and science produce two different objectivity。The law can be called "objectivity",Because it produces a transcendence as much as possible,But in fact, this can still be interpreted as a subjective state; and the best science is called "objectité",Because it mainly depends on different changes and arrangements of object objects。In other words,The objectivity of the law lies in it without objects,It can only be shaped by subjective; and the subjectivity of science lies in it lacks the subject,Object object determines its success or failure。Latur summary channel,"Scientific seeking truth and seeking the law for good,each has its own authenticity and objectivity,Not things and symbols、Hard and soft、Comparison of no doubt and arrogance "。They are different performances of "objective truth" produced by modern society,But essentially a kind of "construction of society"。
Latur's research has brought a certain impact to the legal person and the philosophy of legal philosophy。On the one hand,He breaks through the restraint of legal person science based on describing "special nature",and "preconceived" implantation of a pre -view angle,Full of Fa -Freshy Full of bet365 Play online games the color of understanding the philosophy of structuralism。On the other hand,He challenged the various "hard" judgments in the tradition of legal philosophy with his own anthropology,The problem of "the law is the law" has brought a new reflection insight。
(Author Unit: Jilin University Law School)
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