The Analyse Of T'ung-tsu Ch'ü's Methodology Of Sociology Of Law's History

T'ung-tsu ch'ü's sociology of legal history has an extremely vital significance in the modern research of legal history. He thought law has close relationship with society, different from the analysis school which thinks the law as one kind of the isolated existence; and the law is the product of society, which has close relations with custom, system, ethics morals and ideology. Only if social background of law had been fully understood, the significance and the function of law can be fully understood.He used this method to explain legal history freshly, but it is pitiful that the academic circles has not analysed this method carefully. This article had no alternative but to summarize systematically, analyses and arranges his sociology of legal history with his works, and hope to provide the correlated data for our sociology of legal research to play a role which offered a few ordinary introductory remarks so that others may offer their valuable ideas.This article is divided into three parts.The first part introduces the personal experience of T'ung-tsu ch'ü's and the theory of origin of methodology, mainly to solve the reason why T'ung-tsu ch'ü's uses this method.The second part discusses the content of T'ung-tsu ch'ü's sociology methodology of the legal history. This article is how T'ung-tsu ch'ü's uses the method of sociology in the works "Chinese Law and Chinese Society", "China Feudal Society" and "Local Government of Qing Dynasty" and other articles. This article thought T'ung-tsu ch'ü's has mainly adopted the following methods: the one is to analyse whether there is a change of legal spirit and characteristic of the Chinese ancient times to take Chinese ancient times the law and the society as a whole, with neglecting the trivial difference and paying more attention tremendous in history, and unifying the legal history and the social history, using the method of comparison.The other one is to use a lot of materials such as legal precedent, case, etc, to adopt the method of concrete evidence, cited evidence, and spread evidence, and to restore the real aspect of execution of the law, to study the effect of the law in society. The third method is the structure-functional analysis, he first studys the social structure, family and social class, then studys the aspects of society, such as law, ideology, to obtain the characteristic and spirit of Chinese ancient law. This part is the key content of the thesis.The third part appraises T'ung-tsu ch'ü's method of sociology of legal history method, and analyses the significance of his research.Because of my little talent and less knowledge, T'ung-tsu ch'ü's methodology may not showed perfectly in the concrete process of discussing, but I hope to show clearly the value of his methodology and made it used widely through my efforts.