Questioning The Study Of Folk Law

Compared with the present study of Folk law which put weight on Folk law itself and itsfunction, this paper mainly analyses the research achievement of the present study of Folk law.To judge from the fundamental key, the research in this paper is reflective, emphasizing on theinsufficient of concept, nature, and function in present study of Folk law. The purpose of thisarticle lies in asking for rational treatment to Folk law, realizing existing weaknesses andanalysing reasons, while approving the function of Folk law at the same time. Even thoughfolk criterions have certain values, there is no need to lift them up to the height as laws, just todemonstrate their importance. Scholars of Folk law should be aware of conditionality oftheory in the past, change research model, and evaluate Folk law in a proper way.The introduction of this paper mainly discusses the following three questions：First, thereason why so many scholars pay attention to the study of Folk law, the acquired achievementand existing weaknesses in the past study; Second, the main purpose of this article; and third,the significance of this article’s reflexion on the study of Folk law.The first part introduces the situation of the recent study of Folk law, the beginning andthe reason of Folk law’s bloom, and also the obtained achievement.The second part, in order to realize Folk law clearly and treat it properly, the authordifferentiates and analyses the weaknesses of the present study of Fork law in three parts:：theconception, the nature and the function. Firstly, the confusion of the concept is discussed, inorder to get a clearer concept about Folk law, the concepts of Constitutional law and Naturallaw are studied. Secondly, the nature of Folk law is discussed, the author point out that Folklaw is one of the social norms, but its operation mechanism is different from that of law, sothere’s no need to call it law. Lastly, concerning the wrong notion overstating the position andfunction of Folk law, the reason for its formation is analyzed. In author’s opinion, scholars ofFolk law should realize the change of folk society, their attitude towards Folk law should berational, and too much respected would shock the rule of law.The third part emphatically analyses the question why dose the present study of Folk lawexist so many weaknesses. In author’s opinion, the weaknesses are mainly due to scholars’mistakes in choosing object and designing framework. And all these weaknesses due to thebondage to the Legal Centrism, and their treating Folk law in the traditional way. The forth part emphatically deal with the countermeasure of the study of Folk law. Inauthor’s opinion, we should get rid of the bondage to the traditional way, find out properlocation for Folk law, and believe that Folk law could prove its value without the name of law.Scholars of Folk law should also treat subjectivity rationally, and always keep reflexiveattitude.The last part is the ending, this part indicates that the purpose of this article not onlyfocuses on questioning the study of Folk law, but also stresses on studying the reason, findingout the proper location and researching suitable mode for Folk law.