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The Hoebel French Anthropological Thinking Research Theory

Posted on:2007-06-14Degree:MasterType:Thesis
Country:ChinaCandidate:X Y LiFull Text:PDF
GTID:2206360185983232Subject:Law
Abstract/Summary:PDF Full Text Request
The anthropology of law which sprouts and gradually develops as discipline in thelater 19th century , is an emerging discipline which the legal science and the anthropologyscience mutually seeps as the cultivation grows. Mainly embarking from the cultural angleof view, the anthropology of law studies political and law system's evolution, the statusand the function in front of the writing society of the humanity in the different region,language, custom and so on in the civilized individual and conducts the comparison researchinto the different cultural individual's legal system. As to the traditional legal science, thelegal anthropology not only has unfolded a brand-new learning sphere for us, but also hasprovided a distinctive and effective research technique and the pondering way. Thus theanthropology of law which is introduced and researched in China inevitably is going todisplay huge function to China's traditional legal science and government's law construction .Although during recent years, the scholars in the legal science display the enormous interestto the anthropology of law, with it disconformity should be , many people are lacking inenough and accurate understanding to this discipline.Therefore, the research intoE.Adamson Hoebel 's thought of the legal anthropology has the significant practicalsignificance. E.Adamson Hoebel as the representative personage during the legalanthropology's developing time , is the authority in this learning sphere. And his institute"The Law of Primitive Man" systematically elaborates the legal anthropology's basicconcept and the research technique, and this institue centrally manifests his thought. In hisbook" The Law of Primitive Man " E.Adamson Hoebel points out the law and the cultureare closely connected, and are not inalienable. E.Adamson Hoebel holds the thought thatthe culture is the unique thing of the human being, which is formulated by a society'smember and is the total customs which is used together, but the law is unable to bedistinguished from all human behavior ways , thus in order to discover the law in entirestructure position, the first thing we should do is to outline the society and the culture. Onthe base of these, he draws a conclusion that essentially the law has cultural roots, the legalattribute should be grasped from the cultural angle of view. When we study the law, we cannot...
Keywords/Search Tags:the anthropology of law, E.Adamson Hoebel, The primitive world, law, culture
PDF Full Text Request
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