| The collapse of human spiritual belief and the withdrawal of solicitude for the priori ultimate value dump people into the desert of belief, which forces people to be accompanied by cruel reason of history and rude rules of material world, bringing utmost pains. As to regulate more and more complicated social relations, countries all over the world speed up the pace of legislation with a hope to better social order, on the contrary people nowadays face more and more complex social problems than before. Thanks to the absence of belief in the law, its validity is getting declined continually. American famous jurist, Harold J. Berman once said: "The law must be believed in, or it is but an empty shell." Therefore, how to rebuild the masses' belief in the law under the context of modernization of legal system is a very pressing cultural problem. In china, the problem becomes knottier because our modern legal system is mainly based on transplant of western legal model, which leads to the break-off between modern and tradition, deepening the crisis of belief.Tibetan is a great ethnic group with a long history. Tibetan Customary Law, as an important part of a great culture, gives the intellectual foundation to Tibetans' legal sense and maintains the long-term stability and harmony of Tibetan society as well. Because of its congenital connection with religion and further combination with Buddhism during its development, Tibetans usual ly regard order as a thing from their inner body and following customary rules is their holly obligation. This dissertation, on the basis of the analysis of the religion dimension of Tibetan Customary Law, finds that the religion, especially Tibetan Buddhism is the coordinate and principle of Tibetan legal culture. This paper consists of five parts with over 40000 words as following.Part One presents the reasons of examining, problems faced by modern legal system and the steps of the composition. First, the author briefs the reasons, i. e. the yearning for the peaceful and orderly society in Tibet and the perplexity of modern laws. Then after redefining the definition of "law" and drawing into the idea of "customary law", the author shows the problems, which will be dealt with in the latter parts. Finally the author explains the steps of the composition, namely, in the order of detailing the cases and researching its values, and points out that cultural means is helpful for analyzing and solving problems.Part Two examines the forming of religion tradition in Tibet Customary Law and its specific influence on it under the guide of Geertz's local knowledge in way of thick description. The first half narrates the emergence and development of religion tradition in Tibetan Customary Law chronologically, while the latter half examines the influence of rel igion on Tibetan Customary Law in three aspects, that is to say, the influence on legal concept, system and ritual (procedure).Part Three, through the case analysis of Tibetan myths, folklores and sayings, discusses religion philosophy, backing with the rules of customary law, which can be catalogued into harmonious concept of the universe, concept of equality, concept of self-disciplined life.Part Four sums up the historic and practical value of Tibetan Religion Customary Law from jurisprudence and legal practice. Customary laws of minorities, as a reflect of " national spirit", contains high historic values and far-reaching modem significance. And from its values, the author finds its access to modern legal system.The last part serves as a conclusion. The author comes to realize that eliminating the influence of customary law in Tibet is harmful because this action faces not only the obstruction ofTibetans but also the impediment of culture. At last, the author points out that Tibetan Customary Law can be beneficial reference to our on-going legal construction. Our legal construction should not transplant the western model completely; the return to the tradition can dispel the complexity in a divided world. |
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