The Discourse of"Custom"——Examining the"Speech"of Legal Anthropologists
As a kind of discourse,custom is widely used by legal anthropologists in the analysis of various legal phenomena and problems.Legal anthropologists'speeches of custom are mainly from the aspects of theory and case.Custom discourse of theory speeches focuses not only on the concept of custom itself,but also on the analysis of the relationship structure of custom and its similar concepts.Custom discourse of case speeches,although intended to present the empirical understanding schema of cus-tom,pays more attention to reveal the value function of custom and its mechanism of action.The legal anthropological expression logic of custom discourse is reflected in the interdisciplinary nature of speech,the framework of the holistic view,and the empiri-cism paradigm.The custom's speech of Chinese legal anthropology should take into account the discourse connotation of custom in Chinese jurisprudence,anthropology,legal anthropology,and the experience in which custom are discovered and interpreted,as well as the speech logic that supports the discourse of custom's experience.
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