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习俗、权威与纠纷解决的场域——河北一村落的法律人类学考察 被引量:65

The Field of Habitude,Authority,and Deal with Problem:A study on law anthropology in a village
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摘要 This article discusses the relationship between state law and customary law,especially concerns the theme of “the third realm” proposed by Philip C.C.Huang and the “division of the state and society” responded by Zhiping Liang.State law is not separated from customary law;and also “the third field” is not existed between or outside them,it is existed in a contested field affected by multiple authority.In this contested arena,various authorities take part in it for the resolution of the dispute by mobilizing the cultural and powerful capital.So the relationship between state law and customary law is inter infiltrative,inter influential,and inter contested. This article discusses the relationship between state law and customary law,especially concerns the theme of “the third realm” proposed by Philip C.C.Huang and the “division of the state and society” responded by Zhiping Liang.State law is not separated from customary law;and also “the third field” is not existed between or outside them,it is existed in a contested field affected by multiple authority.In this contested arena,various authorities take part in it for the resolution of the dispute by mobilizing the cultural and powerful capital.So the relationship between state law and customary law is inter infiltrative,inter influential,and inter contested.
作者 赵旭东
出处 《社会学研究》 CSSCI 北大核心 2001年第2期74-84,共11页 Sociological Studies
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