Promoting the development of the discipline of legal anthropology
December 30, 2020 09:35 Source: "Chinese Social Sciences" December 30, 2020 Total 2080 Author: Zhang Guanzi

As a subject that has emerged and developed in the field of humanities and social sciences since the end of the 19th century,Legal anthropology is the "expansion" and "mutual infiltration" of traditional law and traditional anthropology。It mainly understands each other from different cultures,To explore the status and role of the early legal system of anthropology in different civilizations, and the dynamic research of the law,Later、Study on order specifications and even legal culture。Legal anthropology broad research field and micro -research path can not only broaden traditional legal history、Discussion space for legal culture research,It can also help us understand the practice of the rule of law in contemporary China in a multi -direction。But so far,Legal anthropology research in contemporary China has not yet formed a more systematic knowledge system、Concept system and research method。To promote this study,I think,At least the following four points need to focus on。

Treatment of the boundary and tension between law and anthropology。The so -called boundary problem,What research objects、Content can be included in the category bet365 best casino games of legal anthropology。Reviewing bet365 Play online games the famous artist of legal anthropology、masterpiece,First of all, the problem that must be considered or solved is,What is the "law" in the sense of legal anthropology。The definition of traditional law on the definition of the law and the connotation and extension of the law are defined very clear,The theory of no publishing。The "law" in the sense of legal anthropology must not be limited to the understanding of traditional law,And should uphold an open vision。But the field of vision cannot be too wide,If some legal anthropology research has already put cultural anthropology、Political Anthropology、Economic Anthropology and Social Organization and Control are all included in the scope of discussion。This study, although our academic vision has opened up,But at the same time, the definition of "law" is generally generalized,Lost the special characteristics or uniqueness of legal anthropology。The reason why legal anthropology is a legal anthropology,It is that its research objects must have some basic elements and characteristics of law,Can't lose the main line of "law" due to a broad academic perspective。So,This requires the tension problem of the object of legal anthropology research,Not limited in the research field of traditional law,It can not be mixed with other anthropological branches or cross -disciplinary disciplines。

Clarifying the research context and academic purpose bet365 best casino games of legal anthropology。The development of legal anthropology and the entire history of the West、Social thought tide and even philosophical trend closely related。This research can be traced back to the three major ideological liberation movements in Europe。For example,In Montesquien's huge ideological system,We can see the academic purpose of legal anthropology,The climate of the law and a country、Soil、Territory area and other geographical factors have a close relationship。The representative of the History Law School, Savini, also believes that the law is the expression and manifestation of the national spirit。This can be seen,Legal anthropology attaches great importance to the law and the present,and the country、This area、The relationship between this era。Enter the second half of the 19th century,With the expansion of colonial movements and imperialism,Navigator、Explorer、The missionary began to have the opportunity to go deep into the field to explore non -Western society。1926,The publishing of Marinnovsky's "Crime and Customs of the Barbarous Society" marks the birth of legal anthropology in the modern sense。and then,Hobel、Grakman、Bo Annan、Persian Persl and other legal anthropologists have also published a classic book。After World War II,Major transformation has occurred in the western ideological world,In addition, the majority of colonial bet365 best casino games countries are independent,As a result,Start paying attention to the real legal issues of Western society。After the 1960s and 1970s,Research perspective of legal anthropology becomes more and more diverse。For example,Laura Nade's discourse and practice of national power,Conley and Oba studied communication and communication in the US court、Getting of judicial justice,Engel Meli is committed to paying attention to women and domestic violence from the perspective of the International Human Rights Law。It can be seen from this,Legal anthropology academic vision has experienced two conversion,Start from the local area,Go to non -Western society,Finally returned to Western Society,Re -pay attention to the current legal world of the current and local。

Establish a sense of problems with the characteristics of the discipline of the law。As described earlier,Research issues of legal anthropology today are very wide。From religious problems to gender problems,The relationship between relationships from marriage and family to ethnic groups,From legal language to judicial discourse research,Almost cover all the issues related to the law that we can imagine。These issues not only come from daily social life,Also related to the change of the times。Compared to traditional law,One of the traits of legal anthropology is the research method of the field survey it is good at。It advocates that it should be deepened Bet365 app download to a community、A region、A long -term in -depth observation of a society,Through this experience research,Can gradually form problems、Research Questions、Conscious consciousness of solving problems。At the same time,Legal anthropology can also surpass case research,With a small opinion of the earth upholds a historical perspective and overall care。It requires the "law" to be placed in the entire society、History、Cultivation in culture,There will be different time、Location、Social conditions、Social forms are included in the scope of inspection,to reveal the diversified legal characteristics and expression forms。The traditional disciplinary division system actually cuts、Obstructs our integrity of the entire society。That's for this,Legal anthropology can have fragmented knowledge、Discard the subject system、Reorganization and integration,Repeat the overall research of things that should be the overall thing.。

Maintain a good sense of distance between researchers and research objects。related to the third point,As a participating academic activity,Legal anthropology attempts to take an immersive observation of the research object,To get more informative research materials。This requires researchers to be familiar with and master the language and culture of the research objects,Understand the legal practice and legal culture of the Bet365 lotto review locals from the perspective of the locals as much as possible。But at the same time,Researchers must also be prepared,You can jump out of this observation at any time。For example,Legal anthropologist Hobel once proposed the view of "close and separated",means to say,Not only in -depth society、Internal culture,Can't fully invest,If it is completely invested, it is easy to lose objective judgment。So,How can I maintain this sense of distance between "I" (Observer) and "Observer"? first,Before observing,No premise can be preliminary,Don't rush to judge,should be regarded as "the scene of ignorance" as Roses called Rols,Eliminate the researchers' own cultural prejudice as much as possible。Next,It should adhere to the way of combining the main perspective and the customer perspective。On the one hand,Respect the cultural terms and conceptual expression of the research object,To maximize the understanding of the understanding of the cultural differences caused by the cultural differences of researchers and research objects。On the other hand,We must uphold a neutral analysis position,Understand the law of the research object from different cultural comparisons。

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