Social and Cultural Analysis of Criminal Law

Author: Xu Famin
Publisher:
Publish Date: 2004-07-01
Features: "Society is not based on law; that is the fantasy of legal scholars. On the contrary, law should be based on society." (Marx) Criminal law is an extremely complex social phenomenon. To a certain extent, it can be said to be a legal and sociocultural phenomenon. Sociocultural elements have a very close relationship with criminal law, exerting a certain degree of constraint on its emergence and evolution, while criminal law also exerts a certain degree of reverse influence on the development and transformation of sociocultural elements. As a social phenomenon, criminal law, from the moment of its inception, is the criminal law under a specific sociocultural context. It cannot transcend sociocultural elements and is not a foreign force imposed solely from the outside. Criminal law originates from sociocultural elements. Without the foundation and conditions provided by sociocultural elements, the emergence and existence of criminal law would be impossible and inconceivable. Of course, without criminal law, which serves as the embodiment of state will, a society in conflict and contradiction cannot achieve the social relationships and order desired by the ruling class. Therefore, for the study of criminal law, one can either take criminal norms and their institutions as the object of study to conduct normative analysis, or place it within the dynamic interactive context of sociocultural elements to conduct cultural analysis. This book is a preliminary exploration of criminal law issues from this perspective. Research in this field is still in the pioneering stage in China. Multiple perspectives not only signify the continuous improvement of human cognitive abilities but also serve as an effective approach to approaching objective truth. Openness is the fundamental ecological environment for the growth of knowledge, and it makes the objective world and objects of cognition appear even more diverse and rich. In the sociocultural analysis of criminal law, the study of criminal interpretation, fundamental principles of criminal law, crime, punishment, and security measures, by introducing and utilizing the concepts and perspectives of "sociocultural elements," clearly expands the inherent scope of normative research. At the same time, it also helps to identify new issues and draw new conclusions, thereby further deepening our understanding of criminal law.