The Research Of Friedman’s Theory Of Legal Origin

Friedman first put forward the concept of "legal culture", and to replace the legal andcultural relations. Thereafter he legal culture as the theme was discussed in the paper. When19century of utilitarian type of individualism slowly fading, the phenotype of the20thcentury individualism gradually appeared, He cleverly combining the development of the lawand phenotype individualism, make full use of legal culture, and put forward the theory oflegal origin.Friedman thought the theory of legal origin should include two aspects:"The generallegal origin", It mainly studies the process of legal system from scratch, It is equivalent to ourcurrent legal origin;"the special legal origin", It mainly studies "the law’s social explanation ",also is say that research "what power or defeat the laws change? What brings new legal actionor make the old rules and system continues to exist?" And these forces is how to generate orto defeat the laws have changed."Special legal origin" is not we now call” the origin of thestate”. Because Friedman’s work is mainly involves "the special legal origin", so this papermainly studies "Friedman’s theory of legal origin" of "the special legal origin" theory, thispaper discusses "legal origin" is mainly refers to Friedman’s" the special legal origin ".This article from the following four aspects of Friedman’s theory of legal origin:The first part defines the Friedman’s theory of legal origin. In this part, describes theFriedman’s theory of legal origin involving two problems:legal system from scratch and thelaw society to explain; Then discusses the characteristics of legal origin; Finally discusseswhy study legal origin theory.The first discusses the basic concept about legal origin in the second part of this article：legal system, and legal behavior and legal culture, And then discusses the relationshipbetween the basic concept, and finally discusses the basic concept and the origin of the legalrelationship.The third part discusses the path of origin of law theory from four aspects. This part first discusses interests are external legal culture first conversion; Then discusses internal legalculture filter requirements. Further discusses the requirements of the game again after; Finallydiscusses structure variables reflect the requirements.The fourth part reflection and evaluation about Friedman’s theory of origin of law, thispart is the focus of this article, also is the difficulty of this paper. First of all, summed up theessence of Friedman’s theory of legal origin:to the interests of the individual choice; Then, thepaper discusses the origin of law theory reasonable value; It finally discussed the defects oforigin of law theory.