On Malinowski's Anthropological Study Of Jurisprudence Contribution

This article is to study Malinowski's ideology of anthropology, methodology and their contribution to the science of law. The first chapter is to introduce simply the conception and methodology of legal anthropology and the relations between Malinowski and them. Thesecond chapter is to discuss Malinowski's methodology------fieldwork, and functionalism andcultural function. Fieldwork is the basic method of understanding the social formation of the primitive society. He investigates the social system and local customs of the primitive society himself. It is the basis of following study. Malinowski creates functionalism. It looks the all-social cultural phenomenon as a whole and analyzes its function. Then it puts all parts in the whole and analyzes the function of all parts to the whole. There is a new visual angle if you translate the primitive society by functionalism. By functionalism, customs, manners and social system have their certain functions. They are beneficial to a steady society. So they can hand down to now. Cultural function is to expound the function of the culture and all the parts of culture. The third chapter is the conclusion of the Malinowski's investigation of Trobriand in New Guinea. He doesn't think that the primitive society is disorder. There are the systematic civil law and the criminal law in the primitive society. The civil law includes property right system and marriage system. It regulates the ownership of the property and thesteady of family. There are some mandatory sanctions-------the mixed feelings to ensure itThe criminal law includes the accusation and the penalty. In the primitive society, the gravest crime is incest There is grievous penalty to forbid it Other accusations have their own penalties, such as stealing. The systematic law ensures the order of the primitive society. The methodology and the ideology are the most important parts and Malinowski's major contributions to the science of law and anthropology. Malinowski creates the law anthropology. The last chapter is to talk about the important significance of Malinowski's methodology and ideology to Chinese science of law. Chinese science of law is from the slave society, so Malinowski's study of the primitive society can lead scholars to investigate the law of the primitive society to get the true essence of law. Malinowski's methodology has more important significance to Chinese science of law. In Chinese academic circles, theory...