The concept of ritual society and legal society, and the relationship between folklore and law

Etiquette is a custom left over from thousands of years in China, and the customs of various places have their own different characteristics, such as wedding customs and new house relocation customs. Jurisprudence is a law and regulation of the country, the country must have a jurisprudence to govern the country, and everyone must have a sense of jurisprudence, but etiquette and jurisprudence are sometimes contrary to law, and the same thing cannot be measured at the same time, and things that cannot be solved by legal principles may be solved by etiquette.

The relationship between folk customs and law is both related and different, folk customs are the source of legal evolution, and the existence of folk customs enriches and makes up for the shortcomings of the legal adjustment mechanism to a certain extent, and the rational use of customs is an extension of national law and an important support system, and it is also an indispensable local resource for contemporary rule of law, and the marriage between folk customs and law is eternal and complex. The process of modernizing the rule of law is inevitably a process of gradual transformation of folk customs, as well as a process of bringing law to life.

Folklore is a culture that is most relevant to the people's inheritance culture - there are folklore of production and labor during labor, folklore of daily life in daily life, folk customs of traditional festivals in traditional festivals, folk customs of social organizations in social organizations, and folk customs are also required to regulate all stages of life growth - people need to have wedding ceremonies or ceremonies to seek social recognition, and there are also folklore in the field of people's spiritual consciousness - many taboos in life are like this: from the thirtieth day of the Chinese New Year's Eve to the second day of the new year, the home is not allowed to sweep the floor, If you do it, it will ruin your fortune for the coming year.

Law is a system of norms enacted or approved by the state and guaranteed by the coercive power of the state, reflecting the will of the ruling class determined by specific material conditions of life. The law is the embodiment of the will of the ruling class and the ruling instrument of the state. Laws are the general term for basic laws and ordinary laws that are enacted, amended, and promulgated in accordance with legal procedures by the legislature exercising the legislative power of the state, and are guaranteed to be implemented by the coercive power of the state.

Legal basis

Constitution of the People's Republic of China

Article 14 The State shall continuously increase labor productivity and economic efficiency and develop social productive forces by raising the enthusiasm and technical level of laborers, popularizing advanced science and technology, improving the economic management system and the enterprise management system, implementing various forms of the socialist responsibility system, and improving labor organization. The state practices economy and opposes waste. The state makes rational arrangements for accumulation and consumption, takes into account the interests of the state, the collective, and the individual, and gradually improves the people's material and cultural life on the basis of developing production.

The State shall establish and improve a social security system commensurate with the level of economic development.

Traditional society, also known as "ceremonial society", "community" or "commune", is a type of society corresponding to modern society (de jure society) proposed by the German sociologist Ferdinand Tennis.

It is characterized by small scale, simple division of labor, less role differentiation, family is the core unit of social filial piety, emotional primary relationship is the main body of social relations, human behavior is restricted by authority, customs and traditions, and society has strong homogeneity.

The origin of rituals

If you really want to ** the origin of ancient Chinese etiquette, it may be traced back to the ancient primitive social period, but at that time people did not have writing, and the origin of etiquette was not recorded in the classics.

However, according to people's oral tradition, there are about the following categories of etiquette: the gods are born of rituals, the doctrine of righteousness, the doctrine of etiquette, the doctrine of etiquette, the doctrine of etiquette from folklore, the theory of men and women who eat and drink, and the doctrine of sacrifice and so on.

Of these categories, the sacrificial doctrine is considered to be the most plausible. In the beginning, the ritual was only the activity of people to worship ghosts and gods, and then gradually expanded to all aspects of life.

Unlike the law, etiquette is a kind of social rule with bad reputation, which is customary. (Wu Chong).

a.That's right. b.Mistake.

Correct Answer: a

In the same way that the law does not allow the royal to be demolished, etiquette is a kind of social rule and is customary. Tan jujube ().

a.That's right. b.Wrong dismantling and preparation.

Correct Answer: a