从亲属原则到宽容原则——怒江地区傈僳族习惯法及其变迁

From the Principle of Kinsfolk to the Principle of Toleration——The Analysis of Content and Transition of Customary Laws of the Lisu People in Nujiang Area

怒江地区傈僳族的传统习惯法,在漫长的历史时期中一直保持稳定。如果以20世纪初基督教传播活动为标志,那么此前傈僳族习惯法是以亲属原则这个基础性条件而获得稳定的,这种稳定性同时意味着不可替代性,并且适应于复杂性程度较低的社会结构。随着社会结构复杂性的显著增加,原有习惯法在应对能力上面临着严峻的考验。基督教的传播在一定程度上重塑了傈僳族社会,并逐渐形成以宽容原则为基础的纠纷解决方式。基于教义戒律产生的道德义务感深入信教的傈僳人心中,教义规范取代了传统习惯法并获得自身的稳定。

The Customary Law of Lisu in Nujiang area remained its stability for a long historical period. Before the transmission of Christianity that started at the the beginning of the twentieth century, the Customary Law of Lisu acquired its stability by the basic principle of kinsfolk, and such stability is irreplaceable and can adapt to social structure which has less complex forms. With the significant increase in the complexity of social structure, the former Customary Law of Lisu encounter a severe test on its coping ability. The spread of Christianity has restructured the Lisu society to a certain extent and gradually formed a solution based on the principle of toleration to solve dispute. Due to Lisu people＇s moral obligation that generated from the doctrine of Christianity, the doctrine of Christianity has replaced the traditional Customary Law of Lisu and been endowed its own stability.