Explore the theoretical value of "legal sense"
December 30, 2020 09:38 Source: "News of the Chinese Social Sciences" December 30, 2020 Total 2080 Author: Ranli Jun

Clifford Geertz in the article "Facts and Laws in Local Knowledge: Comparison Perspective",Avoid the classic issues such as "whether all society has laws" and "whether Western legal concepts can be used for analysis of non -Western society",Focusing on "the relationship between law and facts" shows a way to interpret the legal research of anthropology。The concept of "local knowledge" proposed in this article is very popular,The concept of "legal sense" has been ignored。Dested,Gelz takes the main line of the text,Compared with the legal perception and imagination of the three society,Discuss the legal maps that may appear after different legal traditions in the process of globalization。

Gelz first told a case of how a "legal sense" played a role。The wife of Ruger in Bali is going to leave him,But no one helps him find his wife,So he refused to be the rotating chairman of the village parliament。Rejecting this obligation to violate the traditional regulations of the village,It is self -village,His relatives have to abandon him。Although Bet365 lotto review the king advocates that Riger Ping is against,But after the king leaves,Villagers still don't allow Ryger to return to the community。You can see from this case,"Event、Rules、Politics、Customs、Belief、Emotional、symbol、Programs and metaphysics "have been affected by" legal sense "。"Legal sense" has external social compulsory force,With a solid "self -consciousness",There is a general judgment on people's judgment on "facts and laws"、Comprehensive influence。

Gelz subsequently compared the "legal sense" of three different societies。His Hak (haqq,Truth)、Dharma in India,Obligation) and Malay's Adat,Habits) These three concepts,Explain the relationship between "law and facts" in different society。In Islamic society,Facts and specifications are united,The fact is standardized。People trivial、Specific true depends on morality、Witness of faith,So you need to witness the testimony of the witness,The judicial system also pays special attention to the "normative witnessing"。In Indian society,The obvious characteristic of "legal sense" is "someone's rights and obligations depends on their position in social order,and someone's position in social order is positive "。The king bet365 Play online games occupies an important position in the judicial system,Dama tried to build facts as laws,"The correctness of the king" determines whether its order becomes law。In Malay society,The relationship between facts and specifications is mainly manifested as procedures based on Adate、Speech,Promote everyone to achieve harmony without objection、Reasonable state。Gelz just wants to show that there are three concepts of the above three concepts about the interconnection of the specifications and events,But I don’t want to prove whether they are legal。It is worth noting that,Gelz uses three concepts to explain the "legal sense"。

Gelz thinks,In the context of globalization,Hak and Dama can coexist with the traditional local legal legal,Adate -style legal sense is also "rooted in local social organizations、Adapt to local environment、presented with local symbols、Careful care by the local guards ",Not lost local,Maintain is still good。Different legal sense has their own locality,Has a tenacious sustainability in history,This also creates the differences in the law in globalization、Multiple。From Gelz's view,After the new legal transplantation enters,After a period of "confusion of legal bet365 live casino games language",It may eventually form a new "legal sense"。

To understand the "legal sense",It should also be understood that Gelz interprets the "legal concept" in anthropological vision。First,Here here,"Law" like myth、Religious、Art、Family and other concepts,Is a "cultural system",is a type of "symbol" for social behavior。The meaning of these specific "cultural systems" or "symbols",Only put into the society and culture that it is located can it be explained and understood。Second,In the interpretation of anthropology,,Law is a meaning,Participated in weaving people's "Web"。The significance of the law needs to be "deeply described",instead of looking for it in the mental structure。Last,Law is a kind of "local knowledge"。"Locality" of "Law" lies in,Local people are based on the meaning of sharing,"Land" as a cultural whole,instead of considering the differences within society。So,Explaining the legal study of anthropology focuses on the legal consciousness at the social level。It understands the legal imagination of a society through the "meaning structure" and "symbol system",Then carry out cross -cultural comparative analysis。

Gelz does not directly define "legal sense",But we can get the following Bet365 lotto review understanding through relevant expositions。First,"Legal" is a clear consciousness of society about justice,It can be regarded as "collective consciousness" in the sense of Thalgan。Second,Different society may have different "legal sense",It can be plural,Can condense the core concept of the local country,and is the primary focus of analyzing the "cultural foundation of legal" different society。again,"Legal sense" is scattered in various social systems and concepts,Then affect social practice,So you can perceive the meaning of "law" and interpret "law" through social practice。Last,"Legal" has "locality",It has continuous impact,This is also the basis for the formation of diversified legal culture。In short,Legal sense is a collective consciousness of a society or a cultural sharing。In a real society,"Legal sense" is mainly social、Locality、Specialty and relative stability and other characteristics。

"Legal sense" can provide theoretical guidelines for the legal ethnic Zhitian field survey。"Legal" as a middle -level concept,"Legal Consciousness" connected to the micro individual level and "legal culture" at the macro level,It is the basic concept of legal Bet365 app download anthropology that compares different social legal culture。"Legal sense" helps us understand legal practice in the same cultural area,It also helps to include local culture into the world to compare。This kind of cannot only pay attention to specialty,It should also pay attention to the universality that may be brought。

What needs to be noted is,Gelz emphasizes "local knowledge" rather than "legal sense",It is because the purpose of its research is to discuss how people understand the knowledge of different societies in the law as an example,That is, "more or less appreciate how we understand the knowledge of non -ethnic groups"。He wants to respond、Reflection is the traditional Western knowledge theory。Compared to "local knowledge",The theoretical value of "Legal" needs to be further explored and excavated。With the deepening of research,"Legal" will show greater theoretical value and practical significance。

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(Author Unit: Southwest Ethnic Research Institute of Southwest University for Nationalities)

Editor in charge: Chen Jing
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