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Introspection Of The Legal Culture's Concept

Posted on:2007-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:X X NanFull Text:PDF
GTID:2166360185958289Subject:Law
Abstract/Summary:PDF Full Text Request
When you recognize a new thing, concept is the first thing you have to face, and the analysis of concept is the first step of cognition. As soon as legal culture comes to China, it develops rapidly in the area of the legal theory, legal sociology and comparative science of law. Different scholars have different opinions about legal culture because of different knowledge background and interest of study, which results in the confused situation of legal culture. The life of Academy Studies bases on the expanding the study defects with different consciousness in order to show the era significance of study issue. As far as legal culture research is concerned, whatever is a method sociology research, or comparative science of law research, the researchers all emphasize on the function value of legal culture, which influence legal culture as the significance of the independent academics exists, but also make law cultural the concept construction situation of presenting the profusion of different opinions. That is not only a theory problem we should pay attention to, but also an academic attitude we should introspect.Through retrospect of legal culture, the article tries to open up the restriction that culture brings to the construction of legal culture's concepts. Through summing up the development of the legal culture's concept, the article attempts to study the advantages and disadvantages of the classic theory. Then we try to build a concept of legal culture and analyze the basic elements that an ideal concept of legal culture must have. At last, we set up a macro model of thinking, which let legal culture go out of the fate of ancient law and can promote the development of academic research from the substance. It is the meaning of writing this article. This text is mainly divided into three parts:First part: the Concept of Culture and Legal Culture. This part introduces two main questions: the first question: about appearance and development of culture. We talk about the resource of the word culture both of China and western countries, and then make a simple analysis of some western classic concept of culture. After Taylor brought forward the concept of culture, many foreign scholars put forward the concept successively. Then the article also introduces some opinions about culture of our country. At last, through analyzing, the article sort up the concept of culture as to the confine. The second question: about the relationship between the concept of culture and concept of legal culture, which can be divided into three points: firstly, culture is the foundation of legal culture and the concept of culture is the base point to...
Keywords/Search Tags:Introspection
PDF Full Text Request
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