Whether there is law in primitive society has always puzzled researchers in history, anthropology, ethnology, sociology and law.
Whether there is law in primitive society has always puzzled researchers in history, anthropology, ethnology, sociology and law. There has been a heated debate about the origin of law in China law circle, and there is no clear conclusion so far. For some reasons, China's legal research is basically centered on the formulation of laws by the state. Laws came into being with the emergence of classes and countries. Only countries are qualified to make laws, but primitive societies do not. These views have been regarded as hard-won authenticity by Chinese legal circles, written into textbooks and taught to students.
Based on the following considerations, the author believes that there are laws in primitive society.
First, the emergence and development of law is a complicated process of gestation and evolution, and we cannot simply make a clean break with the country as a "watershed" of law. Before the emergence of the state, the embryo of the law was conceived, and the emergence of the state provided more compulsion, authority and unity for the law, and the law became a more rational mechanism with written records.
Secondly, "every society must have its own laws", and any society must have its own norms and laws in a broad sense. Law is a social mechanism related to human social organisms, which is used to adjust the relationship between individuals and society. This mechanism exists in any social form and is necessary. Before the country came into being, taboos, customs or customary laws were the manifestations of this mechanism and acted as the laws of primitive society. Therefore, we can't use existing and mature legal concepts and legal forms to measure and measure the laws of primitive society. If so, of course, we can only draw the conclusion that primitive society can't.
First, taboo: the earliest law in primitive society-the source of law
Taboo (taboo), a dialect of Tongan people in Polynesia in the South Pacific, means to avoid being punished, prohibit using "sacred" things, and prohibit offending and contacting "unclean" people and things. The earliest taboos came from primitive people's worship and fear of nature. In the ignorance and low-level stage of the formation of human society, the productivity and cognitive level are very low at this time, and the primitive people's thinking is quite rough and perceptual, which is an instinctive "pure conformity consciousness". They can't distinguish themselves from the outside world, subject and object, individual and group, spirit and matter, the disappearance of the sun, moon and stars, the alternation of spring, summer, autumn and winter, mountains and vegetation. As an existing, external and given existence, nature is an unpredictable, strange and fearful world for primitive people.
When primitive ancestors couldn't get rid of the terror and fear of supernatural forces (mana) outside, and couldn't understand their doubts and worries about the changes of the sun, the moon and the stars, especially when various contradictions were entangled with them and they couldn't solve them, driven by survival instinct and dominated by the concept of "animism", primitive people imposed some bans on mana in order to avoid disasters, protect themselves and control nature. Pray that through self-restraint and control, the mysterious power of ghosts and gods will be transformed into weapons that are beneficial to them, thus avoiding possible bad luck and punishment, thus forming the earliest taboo. Taboo, on the one hand, shows primitive ancestors' begging and fear of untouchable animism, on the other hand, it is a norm that primitive people passively set for themselves. It was adhered to by primitive ancestors, worshipped as a god and strictly observed. There is a passage that represents our understanding: "We are afraid of all the gods in heaven and earth, so it took our ancestors a long time to make so many rules;" This is obtained from the experience and talents of several generations. We don't know or guess why. We abide by these rules in order to live in peace. We are afraid of what we don't know, what we see around us, and what we say in legends and stories. We must follow the old rules and observe our taboos. "[ 1].
Among all kinds of taboos, no matter the taboos produced by nature worship, ancestor worship and totem worship, or various taboo forms such as production taboo, behavior taboo and religious taboo, almost all have the same functions and characteristics, that is, restricting people's instinctive behavior, stopping and preventing potential dangers, protecting the survival of primitive ancestors and realizing the attempt to control harmful natural forces. It can be said that in primitive society, primitive taboo is the earliest and most special normative form, which plays the role of law and is actually the bud of class social law. As Feng Te, a famous German scholar, said, "Taboo is the oldest intangible law of mankind, and its existence is usually considered to be much earlier than the concept of God and any religious belief." [2] French scholar Besson also said: "To put it mildly, totem worship is the constitution of primitive people." [3]
In the process of the development and evolution of the cultures of all nationalities in the world, a problem worthy of attention is that taboo is not only an individual and accidental life phenomenon of a country or a nation, but also a temporary life phenomenon at a specific stage of development, but a historical phenomenon that almost accompanies human beings and is a worldwide cultural phenomenon. Before this phenomenon appeared, taboo was actually the earliest code of conduct of human beings, the source and seed of law, and the law of primitive society, which influenced and dominated all aspects of primitive society at that time.
(1) Taboos have legal warning, restraint and protection functions.
No matter what taboos are, they all have one thing in common, that is, they remind people to be cautious in production, marriage, funeral and sacrificial ceremonies, and never mess around. It is like a "dangerous symbol" (like the prohibitive and mandatory norms in modern law) indicating people's behavior patterns at any time. Warn people to avoid conflict or contact with some dangerous things by means of prohibition and avoidance, and blindly compromise, give in and yield, otherwise it will lead to disaster, retribution and punishment. For example, Naxi people forbid anyone to cut down sacred trees, believing that cutting down sacred trees will bring heavy winds and rain; Hezhe people go out hunting and kowtow when they see fire, otherwise they think it is not smooth; There are eight totem taboos among Miao people in China. (1) When offering sacrifices to ancestors and country, all participants should attend, do what should be done, and don't do what shouldn't be done. (2) Ancestor statues, wooden drums, lusheng, horns, etc. The drums and drum head families enshrined in grottoes are not allowed to be tampered with; (3) Don't move until the drum club wakes up; (4) When the ancestors visit the village, each family should receive them seriously and should not neglect or blaspheme; (5) Every grass and tree on the mountain hidden in the wooden drum shall not climb and cut down at will; (6) During the period from sowing to eating new grain, it is forbidden to play lusheng, drum and bullfight; (7) Ancient trees and landscape trees enshrined in the village should be treated with God, and should not be desecrated or cut down; (8) Men and women are not allowed to get married within three years after the Drum Club Festival. In our recent investigation in Yunnan minority areas and Jiangcheng, there are still stable taboo customs or rules to regulate and restrain people's belief behavior, such as the avoidance rules of father and daughter, mother and son, Weng and daughter-in-law, mother-in-law and son-in-law on some occasions.
If modern law guides people's behavior in a "clear, definite and concrete" normative form, and this normative guidance is based on objective and inevitable reality, which comes from the needs of social material life style and the common desire of the ruling class; Then taboos are passed down and repeated by generations, and are subconsciously shaped by mysterious and traditional spiritual concepts. According to the causal relationship between this spiritual concept and imagination, it became a habit, which played a role in regulating human behavior in primitive society, telling people what to do and what not to do, and people consciously succumbed to this prohibition and maintained this taboo criterion.
(2) Taboos have the function of legal punishment.
It is recorded in the Book of Rites Quli that "when you go to the countryside, ask about taboos, ask about customs, and ask about taboos when you go to the countryside". It can be seen that only by understanding taboos first can you avoid trouble or be punished. Zhou Li also said that "those who violate taboos will be punished" and "those who violate taboos will be beheaded". Generally speaking, for those who violate taboos, the most commonly used disposal methods are sacrifice and repentance, and in serious cases, they will be whipped, fined or even expelled from the village and executed. For example, before the formation of the Egyptian dynasty, Egyptians regarded crocodiles and goats as totem animals, and anyone who killed them was sentenced to death; "There is a rabbit tribe in South Africa. If someone eats rabbit meat by mistake, whether it is an ordinary citizen, a chief or a powerful person, he must knock out several teeth according to the ban. " [4] In the Naxi people in China, tigers are considered as their ancestors. Hunters kill tigers, which are lightly whipped, severely fined, and some are killed in water dungeons. In old Tibet, taboos were codified and had the same binding force as laws. There are many similarities between the methods of dealing with illegal and illegal. If a woman is judged as a "loquat ghost" or a "ghost", she will receive the most severe punishment-being expelled from the village. Others, such as revealing village secrets, repeated theft and incest, will also be severely punished, or fined or ransomed. Especially the appearance of witchcraft and divine judgment later strengthened this function of deterrence and punishment. Among the ethnic minorities, Bimo of Yi nationality, Dongba of Naxi nationality, Shigong of Zhuang nationality and Bimo of Kucong nationality are interpreters, propagandists and executors of taboo customs, and they have high authority and status in society, while Bimo of Jingpo nationality is boring water and fishing for boiled water.
This prohibited behavior has set countless warning lines for people. Although there is no written announcement, no one can escape. If there is a violation, you must pay the price and be punished. Some scholars regard this performance as a foundation of human punishment system, which is reasonable. Of course, taboos are by no means strict laws. Law is the symbol of civilization and progress of human society. In addition to people's conscious compliance with the law, there is also national compulsory violence as the backing. Taboos are mainly controlled by the collective consciousness of "self-restraint" under the same taboo and the spontaneous strength of human spirit, which is irrational and lacks real verification. Its binding force will gradually weaken with the progress of society or some changes in life, and disappear automatically with the improvement of people's understanding level.
(3) Taboo has the function of social coordination and law consolidation.
Taboo, as a lower form of social control, is a social behavior norm with the widest range of constraints. From food, clothing, housing and transportation to psychological activities, from behavior to language, people consciously obey taboo orders; Taboos, like an invisible hand, secretly dominate people's behavior, play a functional role in social coordination and harmony, and contribute to the establishment and continuation of social relations and social order. Judy, a scholar in China, summed up the previous research results in The Study of Primitive Culture, and summarized the functions and purposes of taboos as follows: (65,438+0) protecting important figures such as chiefs and priests from harm; (2) Protect women, children, ordinary people and other weak people from powerful powers such as chiefs and priests; (3) to prevent the danger caused by mold support or contact with dead bodies, or eating certain foods by mistake; (4) Protect some important life behaviors such as fertility, adult ceremony, marriage and sexual function from interference; (5) Protect mankind from the anger from God or the power of the gods; (6) Prevent personal property, crops and tools from being damaged. Prevent theft. Obviously, these functions and functions were absorbed by later laws, enriching the content of the law. It can be said that it plays a connecting role in the emergence and development of law. For example, the taboo of regulating food distribution and restricting eating instinct makes people far superior to animals in quality. Incest taboo and totem extramarital system ensure the stability of human social order and the reproduction of races. Then the prohibition of beating pigs, killing animals, prohibiting communication and monogamy in law is the epitome or expansion of this taboo feature.
In view of this functional feature, Fraser clearly pointed out that "taboo is beneficial on many occasions. Considering the social situation, the lack of laws and the fierce folk customs, it can quite well replace the functions of a government and make the society as organized as possible. " [5] German scholar Cassirer also said that "taboo is the only system of social constraints and obligations that people have discovered so far. It is the cornerstone of the entire social order, and there is no aspect of the social system that is not regulated and managed by special taboos. " [6] Therefore, in the life of what we call' civilized people', taboos are as important as morality and law in terms of reproduction, coordination of work and maintenance of social organizational structure. "[7] It can be said that the law got rid of the original taboo customs and grew up in the matrix of the original taboo. When the witchcraft and taboo based on the wrong understanding of causality can no longer directly adjust the major real social relations, in order to solve the complex contact, conflict and contradiction between people, the law came into being. Accordingly, the author agrees with Ren Ren's view that "taboo has become the only social binding force in primitive society, and it is the general source of all normative prohibitions such as family, morality, writing, religion, politics and law in future human society." [8] Chen Chong, a Japanese legal science expert, once said, "What is too simple (that is, taboo) is the origin of human behavior norms with sanctions, and law is actually the evolution of this primitive norm. "[9]
Second, custom: the basic law of primitive society-the predecessor and bud of modern law
With the development of productive forces and the improvement of people's understanding level, the original taboos will be divided and mutated in the inheritance of practice, and some taboos will be eliminated and abandoned; Some taboos will be absorbed by habits (or part of habits themselves), and after some sublation and transformation, they will be integrated into subsequent laws and regulations. Famous scholar Zheng pointed out that "habit" is a primitive "taboo" left over from ancient times. This was a' taboo' in ancient times. Later, it became a question of politeness or morality or law. "[ 10]
To be sure, accustomed to this kind of * * * similar behavior pattern or code of conduct is gradually developed in the process of people's production and labor. This kind of code that many people believe in in in practice is more direct and important than taboo. In the legal system of any nation, custom is a kind of "not only the oldest, but also the most common legal source." [1 1] For this reason, Engels once pointed out that "at every early stage of social development, there is a need to use a * * * rule to summarize the repeated production, distribution and exchange of products every day, and try to make individuals abide by the general conditions of production and exchange. This rule was initially manifested as a habit and later became law. " [ 12]
In primitive society, habits reflect and are subject to the dual constraints of social and human development. Although it is blind, mysterious and passive to a great extent, compared with the law, its adjustment level is lower and its adjustment scope is narrower. However, it is the beginning for human beings to consciously adjust their external behaviors, a great victory for human beings in the historical process of surpassing animals, and a step forward than taboos. Various reasons show that the customs of primitive society actually contain the most general provisions of the law, and logically constitute the predecessor of the law and the budding law. Today, let's take a look at several primitive customary systems summed up by Morgan when he investigated the native American peoples. In fact, they are all customary systems with legal significance. (1) clan members have the right to elect hereditary chiefs and ordinary chiefs; (2) clan members have the right to recall hereditary chiefs and ordinary chiefs; (3) Clans have the right to inherit from each other the inheritance of deceased clan members; (4) Intermarriage is not allowed within the clan; (5) clan members have the obligation to help, protect and avenge each other; (6) the clan has the right to give orders to clan members; (7) The clan has the right to adopt outsiders to join the clan; (8) Clans have the same religious beliefs; (9) Clans have the same cemetery; (10) Attend the clan meeting. Obviously, these habits and systems were adopted by later written laws and constituted the most general basic elements of law. In particular, the prescription of revenge in revenge and customary law can better explain the emergence and evolution of law. Revenge is an instinctive act of self-defense, but excessive and abusive revenge will inevitably lead to turmoil and war. In order to maintain the normal order of society, it must be restricted in practice. For example, the degree of revenge only allows the same degree of harm to the injurer; The conditions of revenge must be approved by clans and tribal groups; The duration and frequency of retaliation are only allowed to retaliate against the current infringement; And revenge is limited to once. Customary provisions such as this, as well as alternative methods such as compensation and differential pledge, have already included factors such as criminal trial and civil litigation, and clans and related groups have also assumed social functions such as the original judge and the original court in essence.
Adjusting social relations according to habits and solving various disputes can also be confirmed in the relevant materials of our national history. For example, the Ewenki nationality in modern China still retains the primitive custom of * * * productism. They are a nomadic people named "Nemore" composed of several small families related by blood. They nomadic together, mutual assistance and mutual benefit, equal rights, * * * each choose "Mao Hongda" and "Ga Shen Da" to manage all affairs within the clan. The main duty of "Mao Hongda" is to educate its members through persuasion. Members who refuse to turn over a new leaf will be resolved at the clan meeting. Another example is the Miao nationality area in the Qing Dynasty. Without the common script of the clan, unified laws and regulations could not be formed. Miao Example is a habitual warning and admonition handed down from generation to generation by the Miao people, and it is the legal basis for the Miao people to handle minor criminal cases and civil cases in the Qing Dynasty, with universal binding force. The customary law of Jingpo nationality is exercised by Shan Guan, the supreme leader in the jurisdiction, and the judicial power is held by Shan Guan. Whenever Shanguan handles disputes, it absorbs village leaders, elders and "Dongsa". The procedure is as follows: the prosecutor can go directly to Shanguan's house and send a bottle of wine to complain. After Shanguan decides the verdict, he will inform both parties of the date of the verdict. The whole judging process adopts the way of democratic consultation and adjudication. Usually, the punishment is replaced by paying compensation. For example, for the crime of intentional homicide, according to the common law, it is generally not sentenced to life. The masses think that killing people is not a good thing, and executing the living is even worse. According to the customary law, the murderer must pay a number of cows to the family of the deceased for life, but also implement symbolic isomorphic compensation, such as a fenugreek for the head, two gems for the eyes and an axe for the teeth. In our recent investigation on the habits of ethnic minorities in Yunnan border areas, some villages have also stipulated many conventions with customary law content, such as not stealing or prying into other people's fields and water; Don't steal other people's pigs and cows; Do not steal other people's firewood, fruits and vegetables; Do not cut down shelterbelts and landscape trees. These regulations are legally binding and everyone must abide by them. If anyone violates it, it will be dealt with according to the seriousness of the case. As an important source of law, custom and customary law not only exist in every legal tradition, but also have a great influence on the emergence of law, and are the predecessors or buds of law. We will do the following theoretical analysis.
(A) the habits of primitive society are social behavior rules determined by social groups in a particular society. Pass on from generation to generation through imitation, authority and traditional power. In terms of time, it has a long history and has been tested by long-term social practice. In content, it is unified and universally applicable in groups. People know each other and their rights and obligations are clear. This standardization and unification of habits will be recognized and absorbed by law, that is to say, the production and formulation of laws must find a foothold in the original habits and be deeply rooted in them. As the most basic social phenomenon in human society, law, no matter how rich and perfect it is in its historical development, should be permeated with some * * * same elements and * * same provisions, thus becoming the general essence and characteristics of law. It is not difficult to imagine that when the law abandons the habit of consolidating society and safeguarding public interests, the law loses its social foundation and authority, and the possibility of losing its effectiveness lurks in it. Therefore, sumner believes that "law originated or should originate from people's morality, and people's morality gradually evolved into law, and legislation must find a foothold in the original people's morality. Legislation must be consistent with people's morality in order to strengthen itself. " [13] The practice of legal operation also clearly shows that laws that violate customs are not only difficult to implement, but also may become a pile of waste paper. Bodenheimer, a famous American jurist, also pointed out, "In the implementation of early customary law, public opinions, customs and practices always interacted with the activities of official interpreters. Even a powerful ruler cannot interfere with the basic legal model of early social life. " [ 14]
(2) the famous historian Maine once said, "in the early days of mankind, it is impossible to imagine any kind of legislature, or even a clear legislator. The law has not reached the level of habit, but it is just habit. To use a French idiom, it is an' atmosphere'. " [15] It is this habit or atmosphere that ensures the harmony and order of primitive society and ensures that "in most cases, traditional customs have adjusted everything." [16] In his book The Law of Primitive Man, Hooper studied the primitive laws of the Eskimos in the Arctic, the Ifugao people in the northern Luzon Island of the Philippines and the North American Indians, and thought that "the law cannot be completely divorced from all human behaviors". "In human culture without words, we call it primitive law. If in ancient times, when we just stepped into the threshold of civilization, in the developed civilization structure, we called it modern law. " [17] A large number of data show that custom has experienced generalization and rise from accidental to inevitable, from experience to rationality, from local to global, and has been continuously summarized and accumulated from spontaneous to conscious, especially after it has developed into customary law, it has become a universal general code of conduct that regulates the relationship between man and nature, man and society, and man and man in primitive society, and has played a similar role in history.
(3) The habits of primitive society mainly depend on the adjustment of moral public opinion and the constraint of public power, and are maintained and carried forward by free and equal management methods. In fact, the primitive ancestors just got rid of the animal state, and there are still deep traces of animal cruelty, such as incest, blood relatives, the struggle between maternal and paternal lineages, and conflicts between different clan groups. It is impossible to be as beautiful and harmonious as we beautify, but therefore, in order to keep society from collapsing, we should ensure that customs regulate everything. Habit must be given a certain degree of coercive power. As the original judge, the representatives of clan groups or groups exercise their original judicial and trial functions and severely punish all kinds of behaviors that violate habits, including death. Mr. Xia Zhigan pointed out in his book "Divine Judgment" that "in order to effectively exclude the early blood clan marriage, it is impossible to intermarry between a series of brothers and another sister with different blood relations without certain restraint means, and if this is fixed, it will inevitably produce some restraint measures. Similarly, in order to ensure the smooth progress of collective gathering, hunting and fishing, it is impossible to succeed without some form of organizational arrangement and discipline. " [18] God's judgment on this customary law is essentially a mandatory norm. We have to turn to God's will to solve some thorny disputes at that time, and rely on human's own wisdom and strength, which is the highest and final trial method. According to "Guizhou Tongzhi Tuminzhi", in the Miao area of Guizhou, if you are dissatisfied with the ruling, you will boil the pot, store it with oil rice and water, put an iron axe in it, burn dozens of loads of firewood, and the man will take the axe out of the pot with his hands to check whether his hands are blistered. Whether there is injustice or not depends on the god of heaven and earth. This shows that the habits of primitive society are not simply observed by the prestige of chiefs, but still contain various external coercion. The emergence of the state has intensified this compulsion, making the law with obvious strong national will, which restricts and enforces everyone's habits, become a law of violence and coercion by some people against others. Redfield once concluded, "If the specific methods to resolve conflicts (including the amount of fines to be paid) are prescribed in advance by tribal customs according to the classification of different cases, then an unwritten code must be produced. Habit determines the way the victim solves the problem (whether to retaliate by force or collect a fine), thus resulting in the initial form of legal proceedings. " [ 19]
In a word, the normative nature of law is consistent with the original taboos and habits. From the biological principle, taboos and habits are the embryos or seeds that give birth to the law. Without them, the law could not suddenly appear. From the perspective of the development of materialist dialectics, taboos and habits are the preparation process of law. Taboos and customs, as the bridge and intermediary of law, play a great role in promoting the formation and evolution of law, ensuring the progress of society from non-normative norms to normative norms. As Freud said, "With the change of cultural pattern, taboo has formed a force with its own foundation; At the same time, it gradually broke away from the devil's superstition and became independent. It gradually developed into a habit, tradition and finally became law. " [20]
In the big system of social norms, the important differences between primitive taboos and habits and laws are as follows: taboos and habits have not been promulgated by legislators or elaborated in writing by professional judges; Taboos and habits are "the same rules" without written records of history, and law is the rational choice of written records society; Taboos and habits are the lifestyle and behavioral norms that individuals adapt to groups, while laws are the norms and guidance of groups (referring to the overall will of the ruling class) on individual behavior. Yang Kun, a famous professor in China, thinks that "the origin of law is at the same time as the origin of morality and religion, that is, in the primitive social stage, but at this time, the law is not a written code of conduct reflecting the will of the ruling class, but is formulated by the national legislature, which is guaranteed to be implemented by the state by compulsory means, and it is just an unwritten behavior to maintain certain social relations and social order and ensure that everyone is gradually formed naturally by traditional customs according to certain compulsory means. It can generally be called customary law, which was originally mixed with morality and religion. " [2 1]
The fundamental motivation and ultimate reason why law replaces primitive taboos and habits should be attributed to Marx's basic social contradiction movement, the economic root brought by private ownership and the class contradiction caused by social opposition. Aside from these deep-seated fundamental factors, from the analysis of this paper, we have reason to believe that the emergence of law is also affected by comprehensive contradictions such as ethnic contradictions and cultural management contradictions. It is the clan organization that cannot meet the increasingly complex social management needs, and it is the primitive taboo, habit and uncontrollable. The emergence of law has not only class roots, economic roots, but also important cultural roots. In the legal circle of China, the law only comes from the unified viewpoint closely related to the state, class society and the state, which is not conducive to our correct understanding and grasp of the real trajectory of the law. Sticking to some individual expositions of classical writers, arguing and debating whether the law came into being before or after the country, ignoring the research from the perspective of anthropology and sociology, will not help to reveal the truth of the origin of law.
* The original text was published in the 6th issue of Origin of Law-From Taboo, Habit to Movement of Law, 1994, with slight changes.
[1] Quoted from Religion and Custom, Yunnan People's Publishing House, 9 1, pp.100-10.
[2] Feng Te: "Myth and Religion", quoted from "Totem Worship and the Origin of Law", "Inner Mongolia Social Sciences" 9 1 p. 60 or see Freud's "Totem and Taboo" China Folk Literature and Art Publishing House, 86 edition, p. 32.
[3] Song Huizong: "Totem Worship", translated by Hu Yuzhi, Ming Kai Bookstore, 1932, p. 2.
[4] Gao "Mysterious Totem" Jiangsu People's Publishing House, August 89, p. 57.
[5] Fraser's "The Devil Lawyer" Oriental Publishing House, 88 edition, p. 20.
[6] Ernst Cassirer's "On Man" Shanghai Translation Publishing House, 1985, p. 138.
[7] Zhong Jingwen's The Value of China's Deified Cultural History, Shanghai Literature and Art Publishing House, 1985, p. 359.
[8] Ren hired China Folk Taboo Writers Publishing House. Page 14.
[9] Sui Chen Zhong's Theory of Legal Evolution, Volume III, The Commercial Press, 1929, p. 209.
[10] Zheng Zhenduo's Outline of Primitive Worship, China Folk Literature and Art Publishing House, 10, 89, p. 104.
[1 1] ellman's Comparative Legal Culture Joint Publishing Company, page 43, March, 90.
[12] Selected Works of Marx and Engels, Volume 2, Page 538.
[13] Roger Cotwell, Introduction to Sociology of Law, Huaxia Publishing House, p. 22.
[14] Bodenheimer's Jurisprudence-Philosophy of Law and Its Methods, Huaxia Publishing House, February 65438+87, p. 373.
[15] Main's Ancient Law Commercial Press, pp. 5 and 84.
[16] Selected Works of Marx and Engels, Volume 4, Page 93.
[17] Hopper's Primitive Law, Guizhou People's Publishing House,1August, 992, pp. 4-5.
[18] Xia Zhigan's Divine Judgment, Shanghai Sanlian Bookstore, p. 96, 90th edition.
[19] Rodfield's The Legal Value of Western Society, China People's Public Security University Press, 90th edition, p. 39.
[20] Freud's "Totems and Taboos" China Folk Literature and Art Publishing House, 86 edition, p. 39.
[2 1] Yang Kun's Introduction to Ethnology China Social Sciences Press, 84th edition, page 29 1-292.