What Is The Law:Research On The Thought Of Hoebel's Legal Anthropology

In primitive society,there has always been a different debate in the academic world whether there is a law or not,forensic anthropology provides us with a new perspective and thinking path to answer this question.As an emerging discipline developed in the nineteenth century,the main research is the evolution and development of different systems in different civilizations,regions and languages,this provides a whole new perspective on the origin of law.The forensic anthropologist Hoebel has redefined the law by digging into a number of different primitive tribes.Hoebel believes there is a great difference between the original law and the modern law.Before the country was formed,as long as there is a social norm that is universally recognized and enforced by society,it is the law.This definition greatly expands our understanding and understanding of the law.There are a few studies on the anthropology of Hoebel law,but it is only a simple analysis of Hoebel's literature,the research method of forensic anthropology is merely a summary of the generalization,there is not too much specific case analysis of the specific original period.So,this article combines several primitive tribes or peoples,use actual cases to test the rules.Cases are often in the structure of the whole culture,so the method of cases can be used for reference.In this way,the "real" criterion can be worked out,whether it is a single or alternative criterion.The extent and extent of the changes may also be known.In fact,real legal rules can only be tested in large litigation disputes,otherwise it is hard to know which of these hypothetical rules actually take advantage.Difficult cases can help us understand legal phenomena.Therefore,the author will adopt the basic research method of forensic anthropology,namely case analysis method.According to Hoebel's actual investigation of the remaining primitive tribes,the author summarized the legal system rules.This paper not only focuses on the usual institutional research,but also puts the focus of thinking on the cultural background of law.Standing under the anthropological view,law is only one factor of culture,its use of organized social groups to adjust the power of the individual and the overall behavior,prevent,correct and punish any deviation from social norms.So,first of all,we need to have a sense of how the whole society works,and then we have a complete understanding of what the law really is and how the law works.That is to say,the law must have an appropriate frame of reference.If we ignore the cultural factors and talk about the law,it will make no sense to the legal research of the original period.At the same time,the article will make a rearrangement of the relationshipbetween religion,witchcraft and law in the primitive period.In the past,scholars always believed that the social religion of the first people actually replaced the role of law,and the investigation of primitive tribes would find that this idea was wrong.We cannot ignore the influence of religious factors on the primitive society.Perhaps we can say that religion and law are intertwined in primitive society.Hoebel advocated the basic method of studying law as the field survey method,which is the most common method in the study of the early civil society by forensic anthropologists.By comparing different research methods,Hoebel concluded that fieldwork was the most effective.At the same time the article also on legal nature and function,as well as in primitive tribal disputes play a role in the process of analysis to further confirm Hoebel think the legal form of primitive society period.These methods of forensic anthropology have a great influence on contemporary jurisprudence.Finally,it provides some thoughts and references for the development of Chinese legal anthropology based on the research background of Hoebel.