The Ritual Of Settling Dispute In The Perspective Of Anthropological Jurisprudence

This thesis for master's degree studies of the ritual of settling dispute, and means to stretch the dimension of the procedural law study, which realizes the expansion of judicial study from technical analysis to cultural interpretation, from narrow judiciary to multiplex mechanism of conflict resolution, from canonical research to interdisciplinary study. This thesis consists of six sections and counts up to 60,000 Chinese characters.The first section is to talk about the object of this article, the significance of this theme and the research approach of this thesis. The objects of this thesis are not only those rituals of settling disputes in those primitive and local societies, but judicial rituals as well. It's the primary goal to make some contribution to the elementary theory on the ritual of settling dispute, and it's also the goal, to some extent, to do some pioneering work to the study of judicial ritual and anthropological jurisprudence. The approach of anthropological jurisprudence is employed mainly in the article.The second section is about the summary of the ritual of settling dispute, which includes the following aspects: definitions about some fundamental concepts such as disputes, justice and ritual of settling dispute in the context of anthropological jurisprudence, and categorization of ritual of settling dispute.The third department is to summarize and discuss some theories about ritual of settling dispute. There are two dimensions, in terms of which this section will discuss those rituals of settling disputes in primitive and local societies, and judicial rituals, the former of which is often emphasized in the study of anthropological jurisprudence. This section includes the following: to introduce the complexion of studying the rituals in two dimensions; to discuss some theories about ritual of settling dispute, such as Symbol Theory, Field Theory and Victor Tuner's Structure and Anti-structure Theory; to introduce those methods used in the following discussion in detail.The fourth section is to discuss the relationship between settling disputes and those rituals of settling disputes. This includes two aspects: to describe some typical cases in primitive and local societies; to interpret those cases and tentatively advance some conclusions about judicial ritual according to those theories discussed ahead. This section mainly interprets how solving dispute is affected by some dramatic manners in ritual of settling dispute. The fifth section is to discuss the relationship between rituals of settling disputes and the authority of settling dispute. It's pointed out, in this section, that ritual of settling dispute and the authority of settling dispute influences each other reciprocally, which means that the former is instrumental to the latter, but the former can justify the process of settling dispute and vest the latter authority in practice.The last department is the tag, which is not the conclusions of this thesis, and in which author proposes to employ multidisciplinary approaches to study judiciary ritual and judiciary action, in order to substantively expand the scope of the procedural law study and make contribution in academia.What's the innovation is shown in some peculiar approach and perspective to study ritual of settling dispute, and advancing some tentative propositions in this thesis. On the other hand, there're some aspects needed to be improved, which mainly consist in the following: more efforts should be made to use those methods of anthropological jurisprudence; those propositions brought forward ahead should be further improved; more efforts should be made to combine the study of judicial ritual with symbolic anthropological jurisprudence; there're many aspects needed to be bettered in dealing with a great deal of rituals of settling dispute while the range of research is too wide in the dimension of time and space. Undoubtedly, what's mentioned here is the object in the future studies.