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A Brief Study Of Ordeals

Posted on:2012-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:J YuanFull Text:PDF
GTID:2216330371454065Subject:Law
Abstract/Summary:PDF Full Text Request
The"Ordeals"is a world cultural phenomenon, which originated in the late period of primitive society and preserved up to now. It's a kind of folk measure which is used to judge between right and wrong or adjust the interpersonal disputes by god's will, it's also a compulsory standard with the nature of an unwritten customary law for the clan or village to mediate the social relationships. The Ordeals could date back to the ancient China, and it's still used in minority areas to settle some certain types of dispute after liberation.This thesis is about twenty thousand words and consists of six parts.The first part is the overview of the Ordeals in ancient China. This part presents the four forms of the Ordeals in ancient China—the Contact Law, the Blood Divine Judgment, the Divination and the Vow.The second part is the overview of the Ordeals in China's minority nationality regions of Yunnan. Mainly introduced the Ordeals modes still exist in China's minority nationality regions of Yunnan, including the Dredge out from the oil soup, the Vow, the Hot Iron, the Animals divine judgment, the Chew rice, the Diving, the Roll of the dice and the Draw lots.The third part is an intensive study of the causes and the six characteristics of the Ordeals. That is there's the acknowledged god, the host, the ceremony, the uncertainty, the ultimacy and the reprimand in the Ordeals., and the result is mainly because the social productivity was backward, and the people's ignorance at that time, etc..The fourth part explains the relationship between the Ordeals and social psychology, and introduces the content of three aspects as below, the dependent social psychology of the Ordeals, the reaction of the Ordeals on the social psychology, and the approaches of the Ordeals.The fifth part is a discussion about the significance of the Ordeals, including its value of justice and order, and exercise the judge's intention.The sixth part is the conclusion.
Keywords/Search Tags:ordeals, forms, social psychology, judicial justice
PDF Full Text Request
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