Is legal anthropology a crossover?
November 18, 2020 09:54 Source: "China Social Sciences", November 18, 2020, No. 2050, author: Wang Weichen

Is legal anthropology a crossover? This question does not look as simple and clear as "legal anthropology".。Many scholars even give the negative answer。For example,American anthropologist Caroler Greenhus said,"Research on Anthropology of Legal Anthropology"; German jurist Wolfgang Fikiejie thinks,"Whether it is legal anthropology,Also legal studies in anthropology are all the areas of anthropology "。So,What are the reasons for their views? And legal economics、Typical cross -disciplines such as legal sociology,Where is the particularity of legal anthropology? To answer these questions,It is necessary to conduct a historic examination of the interaction between law and anthropology from the perspective of knowledge sociology。

Law is a discipline of precocity,Its history can be traced back to the ancient Roman period more than 2000 years ago。11th Century,Laws have become the earliest and only discipline of the world's first university (University of Bologna)。After entering the 19th century,Scholars who study "politics", "economy", "spirit", and "thought" imitate a separate unified social science in accordance with natural sciences。and then,They also dispel bet365 best casino games the "various phenomena of human society" through the "division division" method,Different from different disciplines。Therefore,Political Science、Economics、The establishment of the discipline of sociology and other disciplines comes from the cutting of the research object。Although "various phenomena of human society" include legal phenomena,But this phenomenon has long been occupied by law,Therefore, all disciplines of social sciences at the beginning of the creation avoided legal issues。But (Culture) Anthropology does not participate in this resource cutting with his brother discipline。Anthropology is born of scientific travel and adventure activities emerging from overseas colonial movements,Its research object is the so -called "primitive society" as "alien" or "other"。Since "primitive society" is completely the "territory" of anthropology,So anthropology has actually become a comprehensive social science。It research includes politics、Economy、Religious、Various phenomena of "primitive society", including the relative system,Naturally, it will not avoid legal issues。1920s,The publication of several legal ethnic history marks the formal entering the field of legal research。Law and anthropology have since started interaction and communication。

2040s,Lu Elin and Hobel Bet365 app download have realized the first cooperation between jurists and anthropologists。They use a large number of case analysis to build a customary system about the Indian tribal Kimanbia,Known as "the beginning of the study of contemporary anthropology law"。​​1963,Grackman is a lecture on "Stols" at the Law School of Yale University,The first anthropologist invited in the history of the lecture。According to Glackman Memories,To prepare this lecture,He specifically referred to the masterpiece of the jurist Kadozo "Nature of the Judicial Process",and use French and French in the content of the speech to obtain the recognition of the teachers and students of the law of law。August 1966,The Winner Galen Foundation held the first time in history with international influence in the Balten Berg Castle of Walten, Austria,Except Hobel、Grakman、Bo Annan、Laura Nade and other anthropologists outside the meeting,Herma Kay、Gilt Vande Stin Huo Wen、Raymond Vidir and other jurisprudences are also invited to participate in the meeting。1981,Gelz also received an invitation from the "Stols" lecture。In this lecture named "Local Knowledge: From a comparison point of view of facts and laws",The first time he explained the method of interpretation of anthropology for the analysis of legal issues,Display the law of cultural bet365 live casino games anthropologists in the professional teachers and students of the law school。At the same time,"Today's Anthropology", "Current Anthropology", "Anthropology Biennale" and other anthropology journals have also published more and more works of research laws。It can also be seen,Law and anthropology also constantly perform dialogue and interaction。So,Why do scholars insist that legal anthropology is not a cross -disciplinary discipline?

The problem may be on the research method。Legal Economics、The reason why legal sociology is often considered "can build a certain field of research",It is not just a legal issue for economists and sociologists,It is also because they are studying legal issues in economics or sociology。More importantly,Research methods for economics or sociology have been recognized and adopted by law。So,The key to realizing cross -disciplinary implementation is not the cross of researchers and research objects,and the sharing of the two disciplines on the research method。On the other hand, legal anthropology,Its most basic research method is not accepted by law。For example,In terms of cooperation between Lu Erin and Hobel,From the surface,They jointly used legal case research methods,But the key to supporting this research is a typical national aspiration field survey。Because the object bet365 live casino games they investigated is not to understand English、Indians without text,Hobel spent a lot of time to learn the language of Indians,Then it took more time to conduct in -depth investigations and interviews。In sharp contrast to it is,Lulein took only ten days to participate in the Hobel's field survey。For jurists who are used to urban life,Core research methods of anthropology -time -consuming and labor -intensive,It is difficult to imitate。Field survey is characterized by long -term、In -depth、In -depth。Through field survey,Anthropologists can experience the actual conditions of the local area,Form an intuitive feeling,can be tested、Negative、Correct the existing assumptions,and finally form a unique theoretical commentary mode。It is difficult for a jurist who has no field survey to resonate with anthropologists。plus,Legal anthropology has long followed non -Western society,The results are basically based on unwritten habitual analysis,The attractiveness of law seems to have only the meaning of "hunting",It is difficult to achieve real comparison or dialogue。

Whether a discipline belongs to a cross -disciplinary discipline is never unrelated to judge the question。Division or cross -crossing will hinder or promote the production and innovation of knowledge in practice。bet365 Play online games As far as contemporary China is concerned,Want to promote the real cross and fusion of anthropology and law,Need the joint efforts of these two disciplines。On the one hand,The research field of anthropology should be from ethnic minorities、Rural areas to the construction of the rule of law in the contemporary urban areas,Expansion from only concerned about civil and commercial disputes and criminal cases to constitutional、Administrative Law and International Law。,Anthropology should further play its own advantages,Focus on the ritual related to law、symbol,After all, Gelz's interpretation of anthropology has had a significant impact on Chinese law。On the other hand,Laws can appropriately extract typical cases on the basis of quantitative analysis to develop qualitative analysis,You can also further try to pay more attention to the "expansion cases" and "context analysis" of the previous cause and consequences,Therefore, to some extent, slowly approach anthropological field surveys。Only this,Two disciplines can realize dialogue and cooperation in the substantive sense,Cultivate a real cross discipline,Enhance our understanding and understanding of the law。

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