The concept of "field" in the context of legal human language in China
March 01, 2024 14:53 Source: "China Social Sciences" March 1, 2024 Issue 2843 Author: Liu Shunfeng

In recent years,China's legal community's attention to identifiable concepts is increasing day by day,But mainly focus on the traditional knowledge of the doctrine of law,The identification concepts in the knowledge of social science law have rarely received attention。"Field" as a social science law,Especially the logo concept of legal anthropology,Although frequently appeared in various academic monographs and papers,But there are many differences in the conceptual cognition of the academic community。

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Chinese legal anthropology,The interpretation of the concept of "field" mainly has three paradigms。

The first is "Conceptual Originalism"。Scholars who insist on this paradigm,Mainly starting from the traditional knowledge of human anthropology in the West,Emphasizing the understanding of the concept of "field" should be based on the authority interpretation of Western representative legal anthropologists,Understand again according to their understanding。In other words,This kind of scholar thinks,bet365 live casino games Understanding the concept of "field",It is necessary to focus on the participation observation of specific legal phenomena around the early Western legal phenomena、Academic dialogue and paradigm controversy,Spontaneously formed a cognitive pattern of "fields" formed。In their opinion,"Field" is a concept of space and cultural nature。Spatiality means that "field" takes a certain space as the range,Legal anthropologists discover legal problems、bet365 Play online games Solution of law。Cultural nature refers to the "field" defined by early legal anthropologists,All small society or village communities with a significant difference in cultural civilization or modern urban civilization or western industrial civilization,Legal anthropologists engage in knowledge production,The problem solutions raised are mainly used as applicable fields。They think,In the context of legal anthropology in China,There is no concept of "field" with specific space and cultural attributes,Therefore, you can only show the understanding of the "other" concept,Instead of proposing the concept of "field" in the sense of anthropology of Chinese local legal science。

The second is "Experience Localism"。Scholars who insist on this paradigm,Strongly oppose the mechanical rigid interpretation position of "conceptual originalism",Any concept that believes that includes "fields" is uniform with universality and particularity。So,In the context of legal anthropology in China,Although considering the theory and history of the concept of "field" in the tradition of Western legal anthropological knowledge,But should pay more attention to the "experience" of the spontaneous formation of Chinese legal anthropology.。In the Chinese legal human academic community,There are a large number of scholars who are committed to finding problems from experience research。They may go to remote ethnic areas,Observe the specific application of the Minority Mental Fa in practice; or go to a small village,Explore the practical performance of the conflict and coordination of the township regulations and national law; or use a specific institution such Bet365 lotto review as the court、Procuratorate、Police Station is an inspection object,Participate in observation through depth,Revealing the legal operation mechanism and principle of it。Explain the concept of "field" from local experience,Cognitive progress that scholars who adhere to this paradigm。They think,As long as it is with specific laws or legal issues,Go to a certain "field" to explore,and will have knowledge with strong experience characteristics found in the "field"、Theoretical or methods are implanted into Chinese legal anthropology academic spectrum,I realized the objective cognition of the concept of "field" -whether the "field" is in the city or the countryside,Is it in general institutions or specialized agencies,It is "field"。Of course,How to survey in "field"、Method,and time participating in observation,Scholars often have different understanding。For example,Some scholars think,Empirical surveys in the field should be not less than one year,The language of the investigation area should be learned,Understand the customs of the investigation area; some scholars think,Empirical surveys in the field should not abide by a specific "quantity",Interesting the survey technology of the survey and the characteristics of the investigation objects to specifically design。but,They all associate the concept of "field" with empiricalism,Emphasize "no experience,There is no field "interpretation logic。

The third is "Method Centralism"。Scholars who insist on this paradigm,Do not deny the significance and value of the first two paradigms for the concept cognition of the "field",But they think,Conceptual Originalism and empirical Localist restrictions on the "extension" of the concept of "field"bet365 Play online games 。From this,They emphasize,The interpretation of the concept of "field" should be adhered to a way to enter the way,That is, the theory of the concept of "field" no longer、Exploring the meaning of history and experience,Instead, "field" is regarded as a method,A discovery、How to interpret and solve the method of law。So,"Field" everywhere,"Field" everywhere。"Field" can be manifested as a specific field with geographical space and cultural time elements,It can also be manifested as a referee document、Litigation file、Internet data, etc. as a carrier abstract text。They think,Do not capture the meaning of the concept of "field" from "theory" or "experience",and should learn to grasp the essence of the concept of "field" from "method"。As long as it is discovered by participating observation methods、Explanation and solving law problems,Whether in the village or on the Internet,Whether it is paper text or electronic data,Researchers have been placed in the "field"。This kind of "field" concept interpretation paradigm,It has emerged with the discussion of the "Research and Transformation of Chinese Law Research Methods in the New Era" with domestic legal anthropology and legal sociology。but but,Some scholars think,This interpretation paradigm attempts to subvert the empirical tradition of legal anthropology research from the foundation,Infinite expansion of the meaning of the concept of "field",To create a vast and abstract concept jungle,It will affect the dialogue and communication between legal anthropology and even academic community of social sciences。

  Chinese story of the concept of "field"

The "field" concept out of the above three paradigms,You can find the inner logic behind different interpretations,Build a legal concept system with Chinese characteristics。bet365 live casino games Understanding the concept of "field",It should not be focused on "How to follow the" field "conceptual discourse along the West",It should not be separated from the theoretical history of the concept of "field" to hardly construct the "field" concept score in the context of Chinese legal human literature,Instead, start from the "local resources" of Chinese legal anthropology,The goal of "how to tell the concept of the" field '"。

First,To grasp the "Chinese nature" of the concept of "field"。From the perspective of linguistics,"field" in the context of legal human language in China comes from the Chinese translation of the word "FIELD" in English,But the interpretation of the concept of "field",It should be fully taken into account the theory of Chinese legal anthropology、Knowledge and Method Tradition。That kind of directly from Western theory、Scenario of knowledge and methods,Academic attempts of mechanical application of the Western "field" concept interpretation mode,It is destined to obtain the objective cognition of the concept of "field"。Next,To grasp the "experience" of the concept of "field"。"Field" is not a product imagined by legal anthropologists in the book,Instead, the objective existence of "field"。So,To break through the theoretical view of the concept of "field",The meaning of the concept of "field" from the empirical survey of Chinese law and law phenomenon in China,Draw the vivid and rich "field" concept map。Last,To grasp the "cultural nature" of the concept of "field"。This requires us to start from the Chinese character structure of "Tian" and "Wild",Knowledge and archeology in the cultural sense of the concept of "field",Clarifying the concept of "field" is rooted in Chinese legal anthropological knowledge tradition、The specific process of germination and growth,The meaning of the concept of "field" and its internal mechanism。

bet365 live casino games "Field" is the identification concept of Chinese legal anthropology,The interpretation of the concept of "field" Although there are different paradigms,But its purpose is to "how to understand 'field'",and "Determine the connotation and extension of the concept of‘ field ’,Especially the extension of the concept of ‘field’ ”,The "benchmark" for providing academic dialogue and discussion。No matter what kind of paradigm is up to,Interpretation of the concept of "field" in the context of Chinese legal human literature,Chinese sex must be considered、Three core elements of empirical and cultural,They are the key to open the "field" concept lock。

Under the background of the era of constructing China's autonomous legal knowledge system,By legal anthropology、Cross -disciplines of legal sociology and legal economics as the main form of social science law,Facing more difficult and heavy academic mission。Only the research strength of a series of legal concepts of cross -disciplines including the concept of "field" is continuously increased,Only Chinese maps that depict the concept of law、Chinese experience in the concept of Syrian Studies、The concept of creating China's autonomous legal knowledge system "Chip" provides the wisdom and strength of interdisciplinary。

  (Author is an associate professor at the School of Law of Hunan Normal University)

Editor in charge: Zhang Jing
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