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A Study Of Bohannan's Theory Of Legal Anthropology

Posted on:2020-06-17Degree:MasterType:Thesis
Country:ChinaCandidate:N J WangFull Text:PDF
GTID:2416330572490104Subject:Legal history
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Legal anthropology is a frontier discipline which combines law with anthropology.In the course of its formation and development,numerous outstanding legal anthropologists have emerged.They have contributed to the development and maturity of this discipline through the writing of ideological works.Paul Bohannan,a famous American legal anthropologist,is also an important scholar in the history of legal anthropology.However,the domestic and foreign legal anthropology circles have little research on its viewpoint theory.Through the analysis of his works,this paper explores his legal anthropology thought,studies the etistemological problems in his ideological system,and opens up a new research direction for legal anthropology.This paper is divided into four parts.In the introduction,the paper mainly introduces the topic and the purpose of the research,the research summary and the research innovation.The first part gives a detailed introduction to American legal anthropologist Bohannan's life,including his educational experience,research perspectives and directions in different periods,and his achievements and status in the field of legal anthropology.This paper also analyses the reasons for the formation of Bohannan's unique legal anthropology thought from three aspects: his identity as an anthropologist,the influence of cultural relativity and the research methods of field investigation in legal anthropology.The second part introduces Justice and Judgment among the Tiv,the most important book in the field of legal anthropology by Bohannan.It introduces the content and structure of the book according to the distribution of chapters,including the main forms of the Tiv tribe,the types of Gill and so on.As Bohannan's representative works,this book reflects Bohannan's proposition that local culture should be studied from the perspective of local people;he used case study method of case analysis to put forward "folklore system" and "analysis system" for the first time in the field of legal anthropology,pointing out that the Anglo-American legal system is only one kind of folklore system,Tiv "law" in the Western sense is not used.It is inappropriate for Fang to write legal ethnography in his category.The third part introduces the formation and progress of Bohannan's "folk system" and "analysis system",as well as his theoretical transcendence of cultural relativity on epistemological issues in this process.At the same time,combined with Bohannan's legal anthropology thought and the current situation of China's research,the Enlightenment of China's legal anthropology research is explored.In the face of legal anthropologists,there is no distinction between the researcher and the researcher.Each national culture has its unique value.We should respect and understand the cultures and laws of different nationalities,be close to the life and thinking mode of the researcher,be rooted in the national body,and correctly treat and deal with the relationship between national habits and National laws.
Keywords/Search Tags:Legal Anthropology, Bohannan, Folk System, Cultural Relativism
PDF Full Text Request
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