The Study Of Malinowski's Legal Validity Theory

This article discusses Malinowski's theory of legal validity,points that the legal validity originates from the need of social individuals`self-existence and reproduction.The concrete manifestation is the basic biological needs,the derivative needs of the economic needs which depend on the basic needs,and integrated needs,which satisfies the desire to demand is the operation of the social system.the law of the original society in the social system should be reflected in the legal validity and respect,the legal norms of civil law and criminal law norms,the strength of the legal validity lies in implied the social system of the original legal norms can accurately reflect the needs of individual society.The main content of this article is composed of three parts: the introduction,the text and the conclusion.The introduction mainly introduces the origin of the viewpoint,the literature review,and the significance of the topic,the text is the core of the article:The first part of the article illustrates Malinowski's overview of the legal validity theory.First of all,it shows Austin's theory of national sovereignty dominated by the legal theory of law in Europe before Malinowski.Classical anthropology author applies Austin's theory of legal validity to the original law recording in the absence of words,and in order to illustrate the great theoretical courage shown by Malinowski's theory of legal effect,the article explains the reasons for that.Finally,illustrating the main content of Malinowski's theory of legal validity is.The legal validity is the desirability of the social individual's the need of survival and procreation and the need of satisfying the whole need,not the authority defined by the Court and the station strength.the derivative needs and the whole need is satisfied shows that the social system of economy is operating well.The social system is a instrumental tool to meet the needs of human beings.It is the object of the legal validity.Derivative needs and the whole desires to satisfy are the source of legal validity and are also the function of legal validity.The second part,the foundation that Malinowski's theory of legal validity is.In order to better understand the essence of cultural functionalism,first combed the theoretical origins of cultural functionalism.Cultural functionalism is supported by Mach's empirical philosophy.Malinowski strictly adheres to the empirical principle,relying on rhetorical questioning to obtain the original thoughts of the primitive man,applying ethnic psychology as an analytical tool,analyzing the data of field survey like examining diary,and expecting an empirical analysis approaching the original human real life.the theoretical result of its interpretation is the birth of cultural functionalism.Finally,the main arguments of the theory of cultural functionalism mainly introduce the demand theory,function theory,and institutional theory.The third part,the main content of Malinowski's theory of legal validity,the original legal norms are the formal manifestations of legal validity,specifically the original legal norms are divided into civil legal norms and criminal legal norms,and the conflict between the two.According to Malinowski's work,refining the civil rights and obligations of the social norms.Force of legal validity is to rely on reciprocal chains and the original person's heart desire for personal power manifestation,so that the civil law norms operate on their own.And ensuring the social individual Self-birth and childbirth to provide material economic security;criminal legal norms are designed to protect the stable order of tribal society and provide a good order guarantees for social individuals to satisfy their self-sustaining need for birth.Force of legal validity is mainly witchcraft sanction and suicide;The conflict between the original laws resulted in different strengths and weaknesses of legal validity.However,the causes of conflicts were that the old social systems could not satisfy the needs of desire,and the social individuals adopted different systems and methods because of their own needs,although conflict with the current system.The fourth part,this part is mainly the enlightenment and reflection on the demonstration of the legal validity theory of Malinowski.First of all,the enlightenment is mainly theoretical.Starting with Hart's improper comment on the original law,Hart's comment illustrates that the original legal form is definite and dynamic.The legal validity is strong.Combining the theoretical arguments of various schools with each other,the theoretical study of the legal validity of cultural functionalism should be incorporated the family of legal validity studies.Finally,it introduces Malinowski's legal validity of theory's reflection on the current legislative demonstration.Through some practical cases and legislative norms,pointing out that the current legislative process ignores the actual situation,when legislative project enters the legislative process,legislative research should be conducted so that the legislation suitswith the actual situation,makes person abides by the law,the legal validity the credibility of public power and the legal validity are respected and realized as it should.