| There are many answers about the relationship between law and society in the field of jurisprudence.Since ancient Greece and ancient Rome,numerous scholars have tried to answer this question,but it is difficult to form a general consensus.Brian Z.Tamanaha is a famous scholar who studies the sociology of law in the western legal circle.His interpretation of the relationship betwee n law and society is unique,novel and representative.The origin of Tamanaha’s research on the relationship between law and society is his working experien ce as an assistant prosecutor in Yap,Federated States of Micronesia.He has se rious doubts about the classic proposition of the Western jurisprudential circle t hat studies the relationship between law and society-"mirror proposition".The refore,in the book "general jurisprudence: from the perspective of the relations hip between law and society",Tamanaha takes Starting from the doubt,criticism and inheritance of "mirror proposition",beyond the perspective of Western So ciology of law,the relationship between law and society has been reconstructed,which has become the core and starting point of his revival of general jurispr udence.Tamanaha’s reconstruction of the relationship between law and society is d ivided into the following four parts: first,by criticizing the dispute over the co ncept of law,tamanaha proposes that the dispute over the concept of law shou ld be broken through,and the law should be understood by a "labeling" metho d of legal identification.The second is the transformation of the "mirror propo sition".The expression of the "mirror proposition" is changed to "to what exte nt does the law reflect the society and to what extent does it maintain the soc ial order".Third,it constructs two approaches to understand the relationship be tween law and society,that is,the "social-legal" positivism approach and the c onventionalism approach about the pluralistic phenomenon of law.Fourth,the c onception of the concept of "social domain" and some general assumptions abo ut the relationship between law and society.Tamanaha broke through the weste rn-dominated perspective of legal sociology,which is a new way to understandthe relationship between law and society,and made a new breakthrough in le gal sociology research.Although the tower’s law and the social relations theory has its reasonable kernel,however tamar,about the relationship between law and society building still exists defects,he tried to default as little as possible,rely on following doctrine and practice activity to circumvent the proposition "mirror" the French and the social relations of infinite amplification,the result is that the theory and evidence into blindly rely on the conventionality,saw th e problem itself is not the way to solve the problem.Research the Tamarna,l egal and social relation theory in China is very enlightening significance to the construction of socialist rule of law,social principal contradictions of today’s China series change,appear a series of new social problems,thus bring up the problem of the relationship between the law and society,to strengthen the mu tual fusion,promote each other,complement each other is especially important.This paper introduces and comments on the relevant contents of Tamanaha’s t heory of law and social relations,absorbs the reasonable kernel of Tamanaha’s theory,reconsiders the relationship between law and society from Tamanaha’s p erspective,and reexplores the original relationship between law and society.The innovation of this paper lies in,on the one hand,the combination of Tamanaha’s theory of law and social relations with Marxism,and on this basi s,the reconstruction of the relationship between law and society,that is,law a nd society are a group of dynamic relations,which is embodied in: first,law s electively reflects the customs and morality in society.Second,law is an impor tant means to maintain social order.Third,law responds to society.Fourth,the society in its development process continues to contain and amend laws.On t he other hand,Tamanaha’s theory of law and social relations is viewed with th e attitude of developing and discarding,in order to provide some enlightenmen t for the construction of socialist rule of law and the study of jurisprudence in China. |
