2012Unpublished venueRequires access

The Two Kinds of Academic Perspectives of Research on Folk Law and Their Differences

Xie Hui

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Abstract

There are two different perspectives in the research on folk law.One is sociological-anthropological perspective,the basic characteristic of which is that this perspective sums up and promotes the folk law as an integral part of the society in the theoretical level.The other one is legal perspective,the basic characteristic of which is that this perspective sums up and promotes the folk law as institutional facts in the theoretical level.There are significant differences between the sociological perspective and the legal perspective of the research on folk law,which include the starting point,the object,the method and the institutional function of the folk law.The developing direction of the folk law in China not only sticks to the sociological-anthropological perspective,but also promotes,expands and upgrades the research from the legal perspective.

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What this paper is about

There are two different perspectives in the research on folk law.One is sociological-anthropological perspective,the basic characteristic of which is that this perspective sums up and promotes the folk law as an integral part of the society in the theoretical level.The other one is legal perspective,the basic characteristic of which is that this perspective sums up and promotes the folk law as institutional facts in the theoretical level.There are significant differences between the sociological perspective and the legal perspective of the research on folk law,which include the starting point,the object,the method and the institutional function of the folk law.The developing direction of the folk law in China not only sticks to the sociological-anthropological perspective,but also promotes,expands and upgrades the research from the legal perspective.

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Available abstract

There are two different perspectives in the research on folk law.One is sociological-anthropological perspective,the basic characteristic of which is that this perspective sums up and promotes the folk law as an integral part of the society in the theoretical level.The other one is legal perspective,the basic characteristic of which is that this perspective sums up and promotes the folk law as institutional facts in the theoretical level.There are significant differences between the sociological perspective and the legal perspective of the research on folk law,which include the starting point,the object,the method and the institutional function of the folk law.The developing direction of the folk law in China not only sticks to the sociological-anthropological perspective,but also promotes,expands and upgrades the research from the legal perspective.

Key concepts: Perspective (graphical), Sociology, Sociological imagination, Object (grammar), Function (biology), Law, Research Object, Epistemology

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