Legal and ethnic ideas refers to the description of the legal system and its culture based on the field survey of field surveys。It is a research method that tends to be concentrated，It is also a writing paradigm with typical anthropological characteristics。During the century -old development process，This writing paradigm can be divided into four types according to the different text structure: Overview、Justice、Process Formula、discourse。

The first is "Overview"。As the name suggests，This is a writing paradigm that tries to cover the entire legal system。In short,，It is based on the system of modern sector law，Introduce the constitution of a specific object one by one、Civil Law、Criminal Law、Procedure Law and other legal systems。This type of open work is generally considered to be "Ifu Gao Law" written by R. F. Barton。In this 1919, the legal ethnic history of the Ifu Gaogao of the Philippines，Barton introduced the family law in order、Property Law、Criminal Law、Programming and other content，From this, the content contour of the content of "Ifu Gao Law" was roughly clarified。I am unique，Bruno Gutman also adopted this paradigm in "Chaga Fa" published in 1926，Introduce the tribal structure of Zannia Chaga from Tanzania、Land use and ownership、Chief's status and privilege、Criminal Law、Programming and the impact of the tribal law on individuals。So，Why do these scholars adopt this large and comprehensive writing paradigm? reasons bet365 best casino games may be，Anthropology or legal anthropology research before World War II has obvious "hunting" color，In order to introduce to the modern society, the tribal society's habitual method is very rich，At the same time, it is also to prove that this method is not "low"，More inclined to display the legal system of tribal society as much as possible in accordance with the modern department's legal system。What needs to be pointed out is，Because tribal society often has no text，There is no writing constitution，Therefore, the "Constitution" in the "Overview" legal nationality is actually the basic political structure of the tribal society，For example, the chief system。and this political system is also the writing content of the political and ethnic history，Therefore，At this time, the legal and political aspirations and political nation will have some overlapping points。other，"Overview" does not need to study the actual case of resolving disputes，The practice of various legal departments can be understood by long -term observation，You can also get it by asking tribal members to obtain，Therefore, you can also complete the translation。

The second is "justice"。Writing paradigm that is mainly based on judicial referees。The pioneers of this paradigm are jurist Lulein and anthropologist Hobel。Two scholars showed the "Legal Methods" of the Indians through the case of judicial referee in the "Xiayan Ren's Method" published by the cooperation.，Including village organizations、Military Association、Murder、Marriage relationship、property and inheritance, etc.。It can also be seen，Bet365 app download This legal nation also tries to show the legal system of the research object more comprehensively。other，Bo Annan's "The Justice and Trial of Mrs. Tig" and Persbieci's "Capab Kabua and their laws" also listed the marriage law、Inheritance method、Criminal Law and other departmental law systems。but，This type of writing is compared with "Overview"，There is still a significant difference: Almost all of the departmental legal systems introduced from the introductory of its introductions are from on -site observation of judicial trials，or at least from the oral memories of the judges。In other words，"Justice" about the introduction of legal rules has actual cases as support，So its legal description is also more vivid。On -site observation of judicial trial also requires scholars to master the language of the locals，Can't rely on translation anymore。other，Because this paradigm observes the judicial application of legal rules，Compared with "Overview"，Its final conclusion part can often make further academic discussion。And Grakman discussed in the "Judicial Procedure of Barrus Barrobarians in North Rodsicia".，Has a very obvious "law" research feature。From this，Legal and ethnic ideas and political nation will gradually separate from each other，This also marks the path of development of legal anthropology to the development of independence。

The third type is "Process"。This writing paradigm still focuses on dispute solution，But the difference from "justice" is，It focuses on the resolution of disputes outside the court，How to deal with disputes in society，What impact bet365 best casino games the handling of disputes has on individuals and society。If you want to discuss these issues，Scholars must get out of the court with a fixed place，Deepen in society，Taking the cause and effect of the development of disputes as a clue，Observing the actual process of observing the law to exert its fixed score struggle function。For example，Gleife in "A African Society's Social Control"，The focus describes the dispute solution procedure of the Amusa people in Tanzania，It includes the place where disputes are resolved、Program for public rally、Agreement that can accept each other、Disputes between the relationship between the associated relationship、Disputes between disputes between non -associated people。Another example，Klaus Friedrich Koch distinguishes three types of conflicts in the "Re conflict Management of the Jalimo's War and Peace: Conflict Management of New Guinea Highlands" (conflict between relatives、Conflict between neighbors、Conflict between strangers) and conflict management; Casey Vitty shows in detail in "Mediation and Society: Conflict Control in Lebanon" the specific process of controlling disputes through mediation control of the village in the middle of the Libaka Valley in Lebanese，and focused on inspecting the local "Vatta"。From this，We can find，The "process" legal ethnic spirit is no longer the type and content of the legal rules，Instead, these legal rules play a specific way in dispute solution and social control。It is precisely because this study no longer cares about the specific content and local characteristics of legal rules，Therefore, Bet365 app download it is easier to propose some universal academic opinions，For example, the theory of conflict resolution of anthropology、Nine Code of Mediation, etc.。other，This paradigm is also easier to start a dialogue with other legal research。

The fourth type is "discourse"。Writing paradigm for studying the law as a discourse practice and conceptual consciousness。For example，Salley Meli inspected the three words often used by the Grassroots Courts in New England in New England in the book "Litigation"，thus "deeply revealing how legal discourse is based on social differentiation and needs"; John Conley and William Oba analyzed the United States in the "Rules and Relationships: The National Chronicle of the Legal Dialogue" published by the United States. 14 small claims courts in 6 cities in various languages ​​used by litigation parties and judges，and "portrayed a language picture about the details of court exchange"。Elizabeth Memtez believes，These two works provide a research perspective that has not been tried in the previous three paradigms，That is "the way the legal language works in the process of social power practice"。Of course，What must be pointed out is，Their discourse research is still based on the resolution of disputes，Some scholars have jumped out of the restraint of dispute research。For example，"Cultural Life of Intellectual Property Rights" of Rosmary Kumby's "Cultural Life" has inspected how the "trademark" as a symbol occupies modern living space and consciousness; Wananli's "Guaranty Theory" has traded in Japan's dropping transactions. Market observation and bet365 Play online games demonstration "International Private Law is also a conventional and high -department knowledge practice system"。It is worth noting that，The latter two works that have been restrained by dispute research are also more "free" in writing mode，You can arranges the chapter structure of the book around the research theme at will。other，This type no longer highlights the local characteristics of past anthropological works，so that the difference between it and legal sociology is no longer significant。From the overall perspective，"Dialogue" legal ethnic history does not have a unified chapter structure，It is even difficult to classify it into one type through the directory。

The above four legal ethnic history writing paradigms，On the one hand，From time to time,，Rough progressive relationship。Different paradigms For research methods、Translation and language acquisition、The frequency and degree of participating observations、The imagination of the chapter layout has different requirements。From "Overview" to "Dialogue"，Legal and ethnic ideas are more concerned about the operating status and expression of law in social life，It is also more actively trying to propose an academic perspective with universalist characteristics。On the other hand，Four paradigms also each have their own thousand autumn。For example，The earliest "overview" that appeared actually played a relatively objective record and preservation function，and "justice" can maximize the research characteristics of legal anthropology，You can avoid the "risk" that converges with political anthropology Bet365 app download or legal sociology。For contemporary legal anthropology researchers，You can carefully select a certain paradigm according to its research purpose or purpose，You can also combine some paradigms，Promote the innovation and development of the legal and ethnic history。

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