The first half of the 20th century is an important period for the development of legal anthropology。Scholars from Britain and the United States and other countries take the lead in getting out of "Book"，Shape the research tradition of legal ethnic history based on field surveys，Open Southeast Asia、Oceania、Africa and other places in Africa and other places for tribal social customs method as the theme，Research methods based on the cooperation with the law of the law，Late a solid foundation for the golden age of legal anthropology in the middle of the 20th century。

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The academic community generally believes，Marlinsovs, based on the "Crime and Customs of Primitive Society" published in 1926 (hereinafter referred to as "Crime and Customs"), pioneered the study of legal ethnic history based on field surveys。But actually，For this field survey of the tribal social customization method，Mazh is not the pioneer。As early as the end of the 19th century，Russian scholar Maxim Corvatovsky has investigated the social relationship and property relationship of the Gaochaushan Oceani people。After entering the 20th century，There are two other officials published a book about the tribal social habit of the tribal social customs earlier than Ma's。One is "Ifu Gao Law" published by the US colonial officer in the Philippines，The other is "The Justice of Bendin" published by British African colonial officer Austin Cunitt。The same year published in "Crime and Customs"，German missionary Bruno Gutman, a German missionary stationed in Tanzania, also published "Chaga Fa"。Although their identity is not a scholar，But these three works are compared Bet365 lotto review with the notes of the explorer or missionaries at the end of the 19th century，It is already a systematic legal analysis，and all done based on many years of field survey。

"Criminal and Customs", which is more famous than these three works, is actually two long papers，There is no place in volume。Malaysia During the field survey of the Tribridon Islands，There is no intention to write the legal nation in the law，So did not deliberately collect information involved in the law。Therefore, some scholars think，The theme of this book is not a law，It is still a problem of reciprocity in "The Western Pacific Ocean"。So，Why does the academic community generally believe that this book has created the research tradition of modern legal anthropology? In the author's opinion，There are three main reasons。

It one，Care for the overall theory。From the surface，"Crime and Customs" does not go out of the consistent theme of Maternal Clan，Care or reciprocity questions。But this kind of discussion about mutual benefit is not simply transferred from economic activities to legal specifications，Instead of reverse，Place legal specifications in the entire social system to analyze。Mal's most concerned is not what the law of the tribe society is，Instead, why is the practice of habitual law that can play the function of western society's grammar，This is a caring of overall theory，It is in this sense，This book is hailed as the first true legal ethnic history。Its two，Discussion of universal nature。The purpose of the writing of Ma's is not a specific state of presence of a customary method，Instead, what kind of behavior mode can maintain social stability，So he expressed his doubts soundly: What is the law? Why do people sometimes follow the law，Sometimes do not comply with the law? thus，On bet365 Play online games the basis of studying local laws of the tribal social society, he proposed an academic question with universal significance。This kind of customary study of other people/different culture has the possibility of dialogue with traditional legal research (such as criticism of Mein in the book)，No longer regarded as "gossip"，and being included in the mainstream academic network。Its three，Methodism Consciousness。Different from officials and missionaries，Ma is a professional scholar。Of course，Is not to say that scholars' research must be more superb。What emphasizes here is，Compared to officials，Scholars' academic production is more regular，More reproducible，less affected by the movement of the work place。other，Ma's highly consciousness of the field investigation and research he is engaged in，Later academic reflection、Constantly summarized during the teaching process、Promotion。As a result。Legal and ethnic history based on field surveys，It is also a legal anthropology and traditional law、An important difference between legal sociology，So that after the return of legal anthropology, it still maintains independence。

Taking the customary method of tribal society

1929，Mali published an article "Practice Anthropology" in the journal "Africa"，Call for anthropology research on Africa's indigenous social changes。According to the observation of Adam Cooper，The publication of this article reflects the British colonial authorities finally showing their interest in African society and legal research。1938，South African -American anthropologist Azak Shapela published the special achievement of the government -funded "The Bita Law and Habits Handbook"。Writing purpose of this book，According to his own words，"It is to record the tradition bet365 Play online games and modern legal norms of the Bethana to protect the Guitana tribe and related habits，so as to provide government officials and the Izwana people with an information manual and operating guide "。Although the scholar Shapera, from the two functionalist masters of the Matthew and Radrick Brown，But he tried to surpass the perspective of functionalism，Following social changes。The change of law means the abolition of the old law and the determination of the new law，So this book also involves discussions of the Bitana people legislation，Filled the blank of the study of the tribal social habit of。Shapera later affected Max Grackman、Paul Bo Annan、Hans Hawlerman、John Comarov and Simon Roberts and other batch of anthropologists focusing on African legal research。

Except British and American traditions，Dutch scholars in the first half of the 20th century have developed an academic way for the study of customary law。Its founder Leiden University Professor Konelis Van Wallen Hoffen published a masterpiece "Adida in East India" in 1918。"Adate" here means Indonesia's customary method。Fan Wallen Hoffen starts from the concept of "Fa"，Divided the entire Indonesia into Achi、Borneo、Bali、Longmu Island、19 legal areas including Mannan Jiabao，Each area has its unique set of customary method。，Under his guidance，More than 20 students have claimed a research topic for research as a doctoral dissertation，As a result, the famous "Adate Law School" has gradually formed。Studies of these habitual methods，Mainly concentrated in Southeast Asia、Oceania and the central and southern parts of Africa，These areas have also become the classic "field place" of legal anthropology.，Legal research on these places is also an important symbol of legal anthropology independent of the law。

　　Taking dispute cases as surveys and analysis objects

The study of legal and ethnic devotion before the 1940s is often unsuccessful for the distinction between law and habits。Take "Crime and Customs" as an example，The first part of this book discusses "the essence of obeying customs", "economic obligations", "dual organization", "religious behavior", "principles of fair exchange", "social structure" and other issues，At least in the form, this legal anthropology research is difficult to distinguish from other branches in cultural and social anthropology。Brown in the article "Primitive Law" recommends that laws and habits are distinguished according to the differences in social sanctions，But he has not done a special research on legal ethnicism。If you understand the law rules widely，Lin Yaohua's "Golden Wing" can also be regarded as a work of legal anthropology。other，Because tribal society often has no text，How to understand the rules of the local people's customary laws have become a problem that plagues researchers。Someone rely on long -term observation，For example, Barton has lived in Yifu Gao's society for nearly ten years due to his position。Someone rely on power to report the help of the person，For example, during the investigation process of Shapera，Two tribal chiefs use power to encourage their subjects to provide information。For example, during the investigation process of Shapera，Can be encountered but not required。

The breakthrough of the research method comes from the efforts of the interdisciplinary of Columbia University。The school's famous anthropologist Bois has been committed to studying North American Indians since its entry into the 20th century，Also organized in this process、Cultivated a group of research teams with their own students。until the early 1930s，Hobel, bet365 best casino games member of its team member、Jane Richardson began to pay attention to legal issues。Since they have no experience in studying the law before，So Baifes invited the famous jurist at the school's law school、Pioneer representative of the realist legal movement Karl Lulein。The latter recommended to them the popular teaching methods of American law schools- "Case Teaching Method"。In short，There are disputes in all society，Indians are no exception。Similarly，Indians must also have a specific dispute solution，As long as the case of the dispute resolution，You can learn about the rules of the resolution of disputes，And these rules are the customary method of tribal society。According to this research method，Hobel and Jane Richardson completed the doctoral dissertation "Political Organization and Legal Methods of the Indian Indians" and "The Laws and Fragments of the Kiovarians"。It is worth mentioning is，Qu Tongzu's "Chinese Law and Chinese Society" also refers to these works。One year later，In "The Method of Xia Yanren" published by Hobel and Luolin，They officially named this research method as "Dispute Case Research Law"。Actually，In previous studies，Mashi、Barton、Austin and others have used cases，But the unique contribution of this book is，It reminds anthropologists why to collect cases，and clarify the extensive use of case research。Say with the words of the two authors， "Dispute Case，Is a case of a problem，It means destroying the rules ... It is the manufacture of these dispute cases、Destruction、Twist or decisively establish rules、System and authority ... So，Find it carefully、Analysis of disputes is to discover the law of the law "。It is in this sense，Glip Fuxing this combines this "the beginning of contemporary anthropology research"bet365 live casino games 。Later legal anthropology research，Whether it is concerned about the rules or focusing process，and even discourse analysis，Always focusing on dispute cases。This is also a uniqueness of legal anthropology compared to other anthropological branches。

　(Author Unit: School of Law, Shanghai University of Foreign Languages)