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Disputes In The Perspective Of Legal Anthropology Research

Posted on:2011-12-04Degree:MasterType:Thesis
Country:ChinaCandidate:Q P MengFull Text:PDF
GTID:2206360308480553Subject:National Law
Abstract/Summary:PDF Full Text Request
As one of the themes of legal anthropology, dispute has always been an important subject in the history of legal anthropology. Many scholars internal and abroad have carried out successful study on small-scale community of dispute resolution, also carried out deeply theoretical analysis on dispute. On the basis of systematically carding the existing research in dispute, this paper give a positive analysis on the dispute settlement in a particular village on the southeast of Guizhou province from a legal anthropological perspective, then presents the author's some thoughts.The first part of the paper introduces the reason of this study, the traditional dispute studies, and the necessity of proceeding disputes research from a legal anthropological perspective. The second part reviews and sort out the legal anthropology of disputes and their settlement study of history and trends, from concept to study the path, reason for research and other fields,. The third part of is about the Field of dispute and its settlement-Tong Village's relevant circumstances, to lay the foundation for further analysis. Part IV detailly describes a few typical dispute settlement in Tong Village, and expounds the author's inspiration. Fifth part is the end of this article, talking about the author's some further thoughts. One of the major weaknesses of the contemporary Chinese Law Research is its lack of guidance from social science and its lack of empirical research. Cross-disciplinary or multi-disciplinary research, and often can not achieve an open social sciences, just only replacing the now the tradition of research by another division of the discipline of a professional tradition, replacing this closed of research by another. Through the guiding in ideology and methodology of legal anthropology, this paper strives to conduct in-depth and detailed research to the community for a comprehensive understanding of Dong customary law and legal culture, social control norms, to further improve the dispute settlement mechanism and have some new inspiration.
Keywords/Search Tags:Dispute, Legal Anthropology, Authority, Social Control, Customary Law
PDF Full Text Request
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