Reflexive Reading On The Study Of Folk Law

Compared with the present study of folk law, that is inclined to ontology, this article is the study about the study of folk law, in other words, this article deals with the present study of folk law mainly, including main preconceptions,existing defects and reasons in the present study of folk law. The study of this article is critical,reflexive and methodological. So the main purpose of this article lies in reading the present study of folk law in reflexive perspective, so as to point the acquired achievement,lay stress on existing defects and probe into the cause. It is my firm opinion that the spirit of law is out of the law, "understanding law from law itself is hard, which can't lead to real comprehend." So I draw on the experience of anthropology and philosophy, this article advocates philosophizing/anthropologizing the study of folk law, so the study of this article is the study "about" or "beyond" folk law but not the study "of" folk law.The introduction section mainly discusses three questions: the reason that the study of folk law exists so many defects,acquired achievement and existing defects; the main purpose and main study method; the significance of reflexive reading on the study of folk law . The chapter one analyses the present study of folk law from fields of frame,content and main preconceptions. The present study of folk law is short of the study about the study of folk law which is very important,lacks two factors——folk and subject——in content, exists state law centrism in preconceptions.The chapter two emphatically analyses the reason that the study of folk law exists so many defects. The defects that exist in the study of folk law is mainly due to malposition in discipline orientation of the study of folk law and absence of introspection consciousness.The chapter three mainly deals with the countermeasure of the study of folk law。In order to reconstruct the study of folk law, we must draw on the experience of the humanities such as anthropology,philosophy and sociology. I probe into the reconstruction of the study of folk law with philosophy and anthropology in this chapter.The last chapter is remaining discuss of this article. I call it "ending not conclusion", it judge by the main purpose of this article: it is ending but not conclusion. This indicates that the purpose of this article don't lie in drawing conclusions, this article lays stress on criticism,introspection and cause analysis.In summary, I think, the defects existing in the present study of folk law are related to the natural science's thinking in the present study of folk law; simultaneously, we believe that the spirit of law is out of the law, so we are against the study of folk law with only law's eyes that is the study "of" folk law, I advocate the study of folk law with X's(X is plural)eyes that is the study "about" or "beyond" folk law.