论文部分内容阅读
由法律多元主义概念引发的法律扩展见解已经受到人类学的有力批评。其中西蒙·罗伯茨就论证:从分析角度来看,法律应该与协商规则(negotialed order)的形式保持区别。他那有说服力的论证支持了法律与政府之间存有一种关联。然而,把那先于政府或独立于政府出现,但又不是协商规则的法律例子拒于研究之外。本文所认为的法律,既不能以协商规则,也不能以政府而加以识别。更确切地说,法律是一种通过其富有表现力和强烈抱负的特质以及它促进秩序和正义的思想主张而得以识别的知识体系。为了区分法律与其他思想意识体系,那么法人类学家就有必要更加关注法律形式的重要性。
The expanded view of law triggered by the notion of legal pluralism has been strongly criticized by anthropology. Among them, Simon Roberts argues that from an analytic point of view, the law should be distinguished from the form of the negotialed order. His persuasive arguments support the existence of a link between law and government. However, rejecting the law that preceded or was independent of the government but was not a negotiated rule was excluded from the study. The law considered in this article can neither be identified by negotiation nor by government. Rather, law is a system of knowledge that is identified through its expressive and ambitious qualities and its ideological propositions that promote order and justice. To distinguish between law and other systems of ideology, legal anthropologists need to pay more attention to the importance of the legal form.