Study On The Legal Multivariate Perspective Of Taboo And The Law

Beginning to research the primitive tribe residents legal culture, the legal anthropologists started the legal multivariate theory prologue gradually. The mean of legal multivariate theory is that it denies unified legal mode, believe that there are diversities of legal structure which adapt to the population diversity in each society, and among the legal structures they are mutual independent, interinfiltration and interdependence. The theory overturned the orthodox common sense, denied the uniqueness of state law, and repudiate the universality of western law in other nations of the world. Scholars started to focus on the national law system, such as"customary law","traditional law","primitive law"and so on. The author tries to discussed the problem of the relationship between the taboo and law in the field of the legal multivariate theory. Taboo is an earliest and the most special Canonical form, which played a function of the social mediation in the early human society. It was assumed that taboo is the earliest source of law and one of the oldest human intangible law in the educational world. Based on the national minority taboo culture as an example, the paper will explore common between the taboo and law as a kind of constraint cultural, clarify taboo and law origin relations, demonstrate whether taboo is kind of law or not.The article is divided into three parts:The first part will mainly discusses the general theory of law in legal multiple perspective. It will introduce the meaning of legal multivariate theory, describe the multiple legal culture pattern which formed in the ancient dynasty of minority legal management, and the research and practice of Legal multivariate theory in our law field nowadays. At the same time the author will brief description the general theory of law including the concept of law and customary law and the origin of law.The second part will mainly explore the taboo and the origin of law.First of all, the author will expound the taboo's essential problems from the origin of taboo, and then analyze the problem of taboo and the origin of law , including the experience demonstration and logic translated of the law origination in taboo and taboo in written customary law absorbThe third part elaborate the role that taboo played in the legal regulation of the minority society. The part contain three aspects : the first one is the criminal legal regulation of taboo in our minority society; the second one is the marriage control of taboo in our minority society; the last one is the natural ecological environment protection of taboo in our minority society.