On The Concept Of Legal Culture And Its Convergence

The research of legal culture in the concept of legal culture as a starting point. This paper reviews the Chinese and foreign scholars on the legal culture, this as a basis for further research. In the face of numerous legal culture concept, there should be a "structuralism", "philosophy of determinism" as a guide. "Structuralism" requirements in the legal culture research of the legal culture as a whole, the logic system, throughing the means of part and the whole gradually reaching the accurate understanding of the object of cognition. The structure of law culture includes two parts, one part is the understanding of the structure of legal culture,or maybe is the theoretical structure of legal culture, the other is a kind of structure the legal culture itself. This paper focuses on the first sense of understanding of the structure of legal culture, such a choice is the contents of this paper be defined. A concern of the theory of communication. "Decision theory" that the consciousness of a society and culture of people's choice of people's behavior has decisive effect. Although this decision is relative. "Based on determinism" only decided on the materialistic is correct, otherwise it has lost its scientific nature. It emphasizes a "rule" view of the concept of legal culture, legal culture of behavior that people in a society plays a dominant role. The legal culture is implicit in the "achievements" of the concept of legal culture in those on human behavior instruction concept and rules if we take the system. "Decision theory" as guidance, adhere to a "rule" view of the concept of legal culture, so many of the concept of legal culture is "achievements". The concept of legal culture "concept of achievements" concept of legal culture And the difference between "rules" view of the concept of legal culture:the former mainly lies in the understanding of the concept of legal culture only stay in the material, system, theory, thinking and creation of human beings "things", and not behind those members of society consciousness and behavior plays a dominant role and command mechanism take a closer look at these sources of "things." Under "decided Theory" sight, we can "View of the outcome of the most representative of the legal concept of culture-"legal superstructure" found "rule view" concept of legal culture emphasized "instruction source. " According to Professor Wushu Chen's view, this command source can be divided into "content" and "form" in two ways. We can see that with superior stability as the "content" in the "legal superstructure" in the "spirit of national culture" can also be found as a "form" of the macro-style legal practice known as "method" legal superstructure "in body". This is the conclusion of this study:Legal Culture Concept Convergence. For the current legal culture research "eyes of the beholder wise see wisdom" chaos, this convergence phenomenon legal concept of culture will undoubtedly help to strengthen dialogue and communication theory, promote the further development of legal culture theory.