简析客家民系法律文化传统——游离态的法律信仰家族精神与权威-a brief analysis of hakkas legal culture tradition - free legal belief, family spirit and authority.docxVIP

AbstractFor thousands of years, Hakka people who travelled and lived as a separate group around the world have never been assimilated with the local people totally, and sustained its unique custom of consciousness and behavior that can be easily different from the others, particularly with the Hakka dialect which originates from the ancient pronunciation of Middle Chinese. Generally, the inheritable element of Hakka cultural consciousness plays the crucial role on the phenomenon. As the significant part of the cultural consciousness, Hakka family law culture shows the outstanding regulative wisdom of Hakka tribe’s pursuit for harmony in its long and rough life experience.In other words, if we followed the course usual in such inquiries, we should penetrate as far up as we could in the history of primitive societies. The phenomena which early societies present us with are not easy at first to understand. One does not readily get over the surprise which they occasion when looked at from a modern point of view; but when that is surmounted they are few enough and simple enough. But even if they gave more trouble than they do, no pains would be wasted in ascertaining the germs out of which has assuredly been unfolded every form of moral restraint which controls our actions and shapes our conduct at the present moment.The law culture with the conspicuous features of the spirit and essential, have always delicately impacted the education and conduction of the practice and etiquette of Hakka people, family, and even community with the traditional view. Beginning with the variation and effect of the cultural consciousness, this paper intends to make the brief analysis on the traditional Hakka family law culture through its three fundamental characteristics including the spiritual authority of the ancestral temple, the compromise function of the traditional family contract, and the classical solution of the conflict. Still, for the modern legal system, this paper hopes to pos