Glackman's expansion case analysis method
December 30, 2020 09:39 Source: "China Social Sciences" December 30, 2020 Total 2080 Author: Liu Shunfeng

If the participation observation method created by Bronislaw Kaspar Malinowski,Established the subject theory for legal anthropology; then,An expansion case analysis method created by Max Gluckman,It marks the maturity of the methodology of the subject theory of legal anthropology。Because,It breaks the cognitive prejudice of the academic community's only "participation in observation",Methods that promote legal anthropology and even paradigm transformation。

Today's academic circles at home and abroad are still controversial in the nature and historical origin bet365 live casino games of expansion case analysis。A point of view,Extension case analysis method,It is the application of case analysis in the sense of law。Its origin can be traced back to 1941 E.Adamson Hoebel and Karl N. Llewellyn's "Extended Man's Method"。There is another view that it is believed,bet365 Play online games Extended case analysis method is the method that uses facts as a case to analyze,Its origin can be traced back to the publication of Marinnovsky's "Crime and Customs of Savage Society" in 1926。The third point of view,It is currently the most recognized point of view at home and abroad,It is also a point of view supported by the author。It thinks,Extension case analysis method is an analysis method for historical review and bet365 best casino games future extension of the facts of the case,Its origin can be traced back to the published by Grakman's "Bridge Text" ("Analysis of the Social Situation of Modern Zululand") in 1940。

Grakman's in -depth participation in the opening of a bridge in the South Africa area of ​​South Africa,On the opening ceremony of the bridge,White and black、White and White、The relationship between black and black is constantly changing。They are or to ensure the smooth progress of the opening ceremony,expressing formal cooperation; or for the honor of the group itself,presents formal confrontation。But from the entire process,They have more cooperation than confrontation,The core factor that determines the selection of the relationship mode is "social situation"。From this,Grakman's proposal,The so -called social situation analysis method,It is based on "dynamic" and "balanced" vision to examine various relationships in the social structure。This method is used,It has been widely praised by the human academic community。After a few years,Grakman goes to Zambia tribe society to observe the judicial process,In the meantime, he continued to apply social situation analysis method in the case analysis he collected。After some transformation,At the same time, in order to distinguish the "Case Analysis Method" in the traditional legal community,He named this new method as "bet365 Play online games Extended case analysis Method"。

Analysis of the use process bet365 live casino games of expansion case analysis by Grackman,can be found,This method has three more obvious features。One is historic。During the practical process of the expansion case analysis method,Grakman constantly emphasizes the importance of history。Compared with the case analysis method, only the legal facts directly related to the case,Extension case analysis method pays more attention to the social status of the parties before the legal facts、Cultural background such as cultural level and family composition is combed and revealed。The second is the relationship。Whether the relationship between the parties and the judge,The relationship between the parties,Even the parties、The relationship between judges and other litigants,All important factors in the process of expansion case analysis。Grakman emphasized,Stability of the relationship structure,It will directly affect the parties 'litigation and judges' judgment on the purpose of litigation。Third is futureness。The case is judged by the judge,Do not mean the end of the analysis。Grakman emphasized,Expansion case analysis method Special concern to the follow -up observation of the party's emotion and attitude after the dispute ruling。Capture of their emotions and attitudes,You can evaluate the judicial technology and level of the judge,Possibility of predicting future disputes。In other words,Extension Bet365 app download case analysis method not only pays attention to the current time of dispute,At the same time, pay attention to the past and future of the dispute。

Use the expansion case analysis method,The nature of the case of understanding the tribal social disputes、Ruling method and ruling results have important value,But its defects are more obvious。First, the applicable field is extremely limited。Glackman although emphasized the methodology value of the expansion case analysis method,But his application process of this method,However, it shows that it can only apply to a small society that is familiar with the parties to the case,or the so -called "identity society"。Many disputes that occur in industrial society,Especially the parties to the case come from different regions、Disputes in different cultural circles,Once this method is used,It will face the "pre -historical" dilemma that cannot trace the relationship between the parties。Second, it is impossible to sort out the relationship structure between all litigation participants。Expansion case analysis method advocates that the parties and the parties、Party and judge,and the parties、The relationship between the judges and other litigants launched an in -depth investigation。But,In practice,Due to time and energy、Economic cost、Limits in traffic technology,Can't clarify the parties at all、The real relationship structure between judges and other litigants。

bet365 Play online games Extended case analysis method from the date of birth,The praise person has it,Critics。But looking at the history of the development of legal anthropology,It played a very important role in promoting the methodology of human anthropology and even paradigm on the promotion of Western legal anthropology method theory。From the social situation analysis method from the Zululan tribe in South Africa,Analysis of the relationship between black and white people,Grakman challenged and broke early legal anthropologists,Especially the traditional "cultural contact" analysis method advocated by Marinovsky。"cultural contact" analysis method,Emphasized in the analysis process of the relationship between white and black people,With "contact" as the center,Focus on why black people should contact whites、How to get in touch with white people。The conclusion obtained by this method is generally,There is a opposition between white and black people,White people should train black people,Make them the same as white。Later,Grackman applies to the case analysis of social situation analysis in the Social judicial process of Zambialos' tribe,and change it to an expansion case analysis method。By using this method,He not only clearly presents the complexity of the tribal social disputes for the human academic and the legal community,Special way to understand the tribal social disputes,It also comes to the judicial bet365 best casino games process of tribal society and the judicial process of industrial society.。From social situation analysis method to expansion case analysis method,Grakman has achieved breakthroughs in legal anthropology methodology。From this,After he is regarded as Marinovsky,Scholars with the most methodological innovation。His expansion case analysis method,Promoting the transition from the "regularization paradigm" in the process of the resolution of legal anthropology to the "processist paradigm"。

Comprehensive advancement of Chinese style、In the context of the anthropological methodology system of Chinese style,We need to re -examine the analysis method of Glackman's expansion case。It reveals us,On the one hand,Construction of the Chinese Anthropology Method System,It should not be limited to the attention of the current anthropological practice of China,It is also necessary to comprehensively consider the "pre -history" of Chinese anthropological practice,and future development path; on the other hand,It should be increased to pay attention to the traditional anthropological tradition,Discovery method theory of Chinese anthropology characteristics,Provide more local resources for the innovation of the Chinese anthropology method system。

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