A Study On The Continuity And Changes Of The Ecological Customary Law Culture In Tibetan Pasture Areas

Chinese ecological legislation has been adopting the models of western developed countries and international laws. The disregard of the domestic ecological legal culture resources in the legislation results an ineffective implementation. Indeed, law does not exist outside human society and culture, thus protecting the local knowledge and the regional ecological environment are considered the indispensable two components of the ecological civilization of Chinese minority areas.Tibetan ecological customary law culture is one of the important manifestations of the ecological civilization and legal culture in China. Containing an ecological wisdom of harmonious coexistence of man and nature, this ecological customary law culture still has important normative function in the folk order of the Tibetan pasture areas and practically it mutually adapts and constructs with national legislative system. Hence it is an important inherent legal cultural resource in ecological legislation.Ecological customary law culture is a constantly updating and developing system. It should be contextualized in the social cultural background of specific ethnic group or community, taking a developmental perspective and holistic vision to observe the interactive checks and balances among ecological, social, and legal culture in improving contemporary law practice.Based on a comprehensive consideration of the prerequisite of the country’s unitary legal system and the objective reality of multiple legal culture, this study focuses on Tibet, an important but fragile ecological niche, using historical and field research methods, from both diachronic and synchronic dimensions to inquire the historical internal logic of its legal customary law culture from the collectivization to reform and opening periods, and to exploring its future trends and possible contribution to the contemporary ecological legislation.The study is designed to address three issues. First, describes Tibetan ecological customary law culture from a legal anthropological perspective to address the issue of "static description". Second, depicts Tibetan ecological customary law culture as a constantly updating and growing system, inquires its development and evolution to address the issue of "continuity" and "changes". Third, explores the possible contribution of Tibetan ecological customary law culture to the contemporary ecological legislation to address the issue of "dedicating to the contemporary ecological legislation".The dissertation consists of six chapters. Chapter one introduces the background of study, its significance, literature review, the theoretical concepts of ecological customary law culture, which include the comparative perspective of the interpretation of the law, legal anthropological perspective of ecological customary law culture, and the design for the study. Chapter two describes ecological environment of Labrang area. Through the description of the tribe source of Tibetan pastoral in Labrang area, their ways to make living, nature worship and taboos, religious beliefs, chapter three introduces the ecological customary law culture which existed in the traditional Tibetan pastoral tribe society as well as its continuities. Chapter four and five respectively discuss the ecological customary law cultural change in Tibetan pasture areas during the collectivization and reform and opening periods. Chapter six is conclusive, which discusses the future trends of the ecological customary law culture in Tibetan pasture areas and its possible contribution to the contemporary ecological legislation.This study of ethnic ecological customary law culture is an interdisciplinary research across the ethnology, anthropology and law,. It comprehensively uses the theories and methods of ethnology, anthropology, law, history and ecology. The major methods include anthropological fieldwork, legal anthropological case study and, ethnological historical literature review.The complexity of the roots of ecological environmental problem determined the solution including breaking the barriers between related disciplines, seeking the reciprocity and dialogue among knowledge, jointly discussing the issues. Legal anthropology should, and be able to have its efforts and contribution.