A Research On Max Gluckman's Theory Of Legal Anthropology

Max Gluckman was one of the representative figures of western legal anthropology.He made an important contribution to the development of western legal anthropology,and created the famous Manchester School,led the trend of the study of legal anthropology in the middle of the last century,and his academic ideas and research methods have very important significance and can not be ignored for the study and research of legal anthropology.Especially,the Manchester School he founded,the new functionalism he represented,and the research methods he improved and created are worthy of further research and discussion.However,in our country,the degree of emphasis on legal anthropology in the current academic world is still low,that the scholars are few,the energy is little,and the funds are insufficient.The study of Gluckman's legal anthropology is even more rare.So we need to devote more energy to research it urgently.Therefore,this article attempts to systematically present Gluckman's main legal anthropology thoughts through the study of Gluckman's related books and gives a special description of his effective research methods In order to provide some inspiration and reference for the current study of legal anthropology in China.This article is based on Gluckman's books on legal anthropology.According to Gluckman's research experience and the chronological order of the publication of his works,we will summarize Gluckman's legal anthropology thoughts in every period,sum up the common features,and refine the emphasis and essence of Gluckman's legal anthropology.Therefore,first of all,this article introduces the background of the time and the development of legal anthropology and the related research on Gracman,then introduces Gluckman's personal and academic experience,gradually describes his views and opinions on social control,social order,conflict and balance,social customs,legal concepts,legal operation,the cognition of tribal society to law and judicial process.This article can be divided into four chapters,which are "Gluckman's Personal and Academic Experience","Gluckman's Reserch Methods of Legal Anthropology","Theory of Conflict and Balance",and "View of law and Judiciary"."Gluckman's Personal and Academic Experience" briefly introduced the social background,the academic research methods and research of legal anthropology at that time,Gluckman's growth experience and education,and Gluckman's academic career;“Gluckman's Research Methods of Legal Anthropology" introduced Gluckman's improved and innovative research methods on legal anthropological.These research methods played an important role in his research process and not only helped him draw a series of conclusions about the political and legal life of the tribal society,but also played a very important positive role in the study of legal anthropology,and promoted the development and progress of the research methods of legal anthropology.These research methods mainly include grid-based field investigation method,extended case study method,situation analysis method,and court observation in court method."Theory of Conflict and Balance" describes Gluckman's theory about social control,especially social conflict and balance theory,social change theory and social custom theory,and pays attention to his views on royal rights,rituals and rebellion.This part can be regarded as a broad-based legal idea,because the control of society is a legal process that can not be ignored and the legal pursuit of the goal.From this point of view,The related theory of social control is a law in the sense of sociology."View of law and Judiciary" is the focus of the full text,which is focusing on the study of Gluckman's legal anthropology thought,and it focuses on the concept of law,the operation of law,the concept of jurisprudence in tribal society,and the judicial procedure of the tribunal.In accordance with the characteristics of the legal disciplines,from the big to the small and from the coarse to the fine,this article discusses the legal topics such as jurisprudence,constitution,real right and creditor's rights,tort and sanction consequences and trial process in turn,and abstracts the essence of Gluckman's legal anthropology.Finally,this article briefly summarizes the characteristics of Gluckman's legal anthropology and the enlightenment to the Chinese researchers on legal anthropology.It is hoped to provide reference for Chinese law scholars,arouse thinking and guide practice.