Divine Judgement Of The Perspective Of Legal Anthropology

Divine judgement was an adjudication method of resolving dispute trial in earlyhuman society, which was feasible in practice and widely used in between Chineseand foreign history. In China, especially in legal culture of southwest and northwestminority areas, the records about God-judging were very rich, as well as in foreigncountry, such as ancient Babylon, ancient Egypt, ancient Rome, ancient India andother countries and regions. Therefore, God-judging was a prevalent phenomenon oflegal culture.Legal Anthropology believes that law is a common phenomenon existing in allhuman societies.The law is born and evolves with the development of the humansociety. God-judging, as a law expression in the early days of human society, existswide. In today’s view, God-judging seems like bizarre, ignorance and withoutscientific basis. The ancient god-judging is bone to have its natural growth fertile soiland possibility and rationality of the existence and development, so it can exist in thelong river of history, widely distribute in the beginning of civilized society in manycountries, be particularly prevalent in the judicial practice field of early man, andbecome a trial method which is feasible in practice to settle the contradictions anddisputes.In the first part of the article, it points out the research object, purpose andmeaning of the subject, the status at home and abroad on the issue and makes adefinition of the research methods and idea. In the second part, it introduces thehistory of God-judging and makes a reasonable explanation from the perspective oflegal anthropology. In the third part, it makes a brief overview on God-judging fromthe perspective of legal anthropology, including historical trace of development, formof expression, characteristics and essence. The part fourth summarizes the function ofGod-judging in the perspective of legal anthropology from two aspects of positive andnegative. The fifth part introduces the survivals of God-judging in contemporarysociety and the enlightenment for the contemporary judicial system. In this paper, it delineates the God-judging from the perspective of legal anthropology raised from theprevious research in order to make people have a more clear understanding on essenceand the role of God-judging in the legal process. In addition, the public may treat thelaw cultural phenomenon with scientific attitude through the essay. Moreover, thearticle also provides some enlightenment for judicial practice in our country.