回族习惯法与回族地区法律多元秩序的构建

当代回族地区的法律实践中既有国家制定法的影响,也存在行之有效的回族习惯法。但二者关系上却呈现出"表达与实践"、"契合与冲突"、"共存与断裂"的混乱状态。本文以法律多元理论为视角,在深入剖析理论可行性和现实必要性的基础上,从法的创制、法的运行和纠纷解决三个层面提出构建当代回族地区法律多元秩序的具体路径。     

Anachronism,Agency, and the Contextualisation of Adat: Van Vollenhoven’s Analyses in Light of Struggles Over Resources

This article discusses the conceptual and analytical contributions of the Dutch scholar Cornelis van Vollenhoven to the study of Indonesian adat law. He argued from a politically inspired concern about gross colonial exploitation in the Dutch East Indies that this was based on flawed understandings of local legal orders. This stimulated him to design a conceptual framework to capture the characteristics of these legal orders, called adat law. His perceptiveness to the distortions caused by using Western legal concepts to describe customary laws was unique for the time, and so was his attention to the various contexts other than in disputes in which adat law was used. This renders his work of importance not only for lawyers but also for social scientists. The article discusses the criticism against his academic work and suggests that despite some major weaknesses, some criticisms are anachronistic as they concerned earlier or later scholars rather than the work of van Vollenhoven himself. The article shows how debates about indigenous rights and the decentralisation policies after the fall of the Soeharto regime have stimulated a renewed interest in adat and adat law. It is argued that van Vollenhoven’s conceptual framework is still of use, but only if it is expanded and set into a broader analysis of migration, exploitation, and power relations.     

Institutional Activism: Seeking Customary Forest Rights Recognition from Within the Indonesian State

This article aims to explain why the adat movement activists in Indonesia could expand their campaigns for state recognition of adat community rights to activities from within the state apparatus. We argue that three combined processes have contributed to the conjuncture that made institutional activism possible: the preparation of the 2014 national election offered activists opportunities to influence the government agenda; the emergence of a conscious strategy for conducting institutional activism; and the coalitions between some key state officials and the movement’s actors. This article also analyses the problems that institutional activists faced, in particular resistance from influential actors at various government units who were not sympathetic to the adat movement’s agenda. Therefore, the impact of this activism on policy changes so far remains limited. The authors’ personal involvement in this case of institutional activism to promote customary forest provided access to the information for this article.     

辽朝法律制度研究综述

辽代法律制度一直受到国内外学界的广泛关注,本文通过学术史的梳理发现,学界对辽朝法律制度的研究集中在契丹习惯法、辽代犯罪与刑罚制度、辽代法律制度的特征及辽代法律的意义与影响等几个方面,研究范围不断拓宽,研究内容更加深入。     

凉山彝族民事习惯法的民法适用现状分析

凉山彝族民事习惯法的民法适用现状呈现出腹心地区依然适用习惯法;过渡区优先适用习惯法;边缘区习惯法与国家法博弈和竞争的三种样态。前两种样态我们可以称之为错位,最后一种可以称之为断裂。这种错位和断裂的原因主要在于彝族地区经济的发展和社会的变迁。因此,文章通过对这些样态和原因的深入分析,以期为找到一条适合于民族地区法治现代化的“路径”提供参照和依据,从而促进民族地区的国家统一法治建设进程。     

中越生殖崇拜俗信文化阐释

中越两国人民自古以来广泛流传着各式各样的人类始祖神话,并传承着各种奇特的生殖崇拜仪式,通过对这些口传神话和俗信现象的比较研究,我们发现,两国人民有关人种繁衍的观念形态和文化心理是非常相似的,两国人民民间文化的相互交流的历史也是十分悠久的。