A Study Of Blomley’s Legal Geography Theory

The importance of space in the legal research is far from time.What’s more,the vast majority of the crossover study to law and space is under the research model that law and space are discrete basing on static space outlook and liberal unified view of law.They only focus on the effects of law and space on each other,but fails to notice the fact that law and space are interactive and blending.Deeply influenced by the critical theory of space and law,Nicholas K.Blomley creates the legal geography,an interdiscipline,and puts forward its core proposition that law and space are mutually constructive and blending,so as to change the research mode of the separation of law and space.As for the core proposition of legal geography,Blomley proposes the theoretical model of "splicing" and "resplicing" to explain the process of law and space mutually constructing,deep embedding,integrating with each other in dynamic practice.Firstly,Blomely constructs "splicing",the practical and theoretical model of space and law,by relationship,boundary,scale and other spatial terms.At the same time,basing the critical perspective,he reveals the dominant role of power and ideology to the "splicing" process,and the people,especially vulnerable groups resisted to the "splicing" dominated by power.The splicing established by power is the mainstream splicing,while the splicing formed by the process of vulnerable groups resisting power is the differential splicing.Besides,in allusion to the difference splicing in practice and the basic value that human vulnerability and equal rights reflected in it,Blomley constructs his own "resplicing" theory,so as to realize spatial justice that everyone has equal rights to construct,occupy and dominate space.On the one hand,Blomley’s legal geography theory constructs the theoretical paradigm of law and space mutually constructing and blending,and breaks the theoretical dilemma of the separation of law and space.On the other hand,he inherits the humanistic care of critical theory,and puts forward its own theoretical ideas to realize the equal spatial rights of vulnerable groups.After Blomley,Delaney and Braveman further develop legal geography,taking legal geography into a post-disciplinary model.They respectively put forward the theory of "nomosphere" and the theory of visual landscape to respond to the core proposition of legal geography,and give a more detailed description and construction of the mutual-constructive process of law and space.As the forefront achievement of the crossover research of law and space,legal geography has not been conducted in-depth study in China.The mainstream research of law and space is still under the traditional research mode of the separation of law and space.Legal geography has a relatively clear theme and a systematic method system,which will play the role of reforming the research mode,expanding the existing research and innovating the concept system to the crossover research of land and space in China.Therefore,it is necessary to further introduce and research this theory.However,it should be noted that what a big flaw in the legal geography pioneered by Blomely is the inability to establish a better balance between specificity and unity,which requires us to continue to explore.