Hungarian Legal Ethnography from the Perspective of Theoretical Legal Thought
نویسندگان
چکیده
Abstract The object of folk law research are the customs that prevail in areas covered, or theoretically by state law, which effectively ensure permanent respect for them, largely a less formalized way. In respective historical stratum, (folk) legal fulfil functions equivalent to where, due logic development other specific reasons, (a) there is lack and organization; (b) organization fails reach significant social groups its paucity indifference; (c) be transformed into practice would lead fulfillment true functions. present-day version, custom emerges when has wholly fulfilled question, it survives merely within framework vestiges organization, as component ongoing system customs, complement embellishment perhaps with content only symbolic significance. Against background living peasant society, this was, some extent remains, peculiarity Central Europe, while contexts, starting from different traditions, related comes under domain anthropology, ethnology, pluralism. Legal ethnography contributes investigation ethnographic issues examining instruments institutions order way they function. However, terms jurisprudence simultaneously both strong weak, since although idea revolutionized thought, European mentality, rests on rule-based objectification modern formal nevertheless seeks reject openness characterizes primordial quest peace formlessness familiar peoples close nature. any case, an social-theoretical foundations, take account not anthropology but also socio-ethnographic lessons ethnography, remains task future.
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ژورنال
عنوان ژورنال: Acta Ethnographica Hungarica
سال: 2022
ISSN: ['1216-9803', '1588-2586']
DOI: https://doi.org/10.1556/022.2022.00003