Rediscovering a Marginalized Knowledge Tradition (Preliminary Examination of "Customary Law" from the Perspective of Criminal Law)

Author: Du Yu
Publisher:
Publish Date: 2005-12-01
Features: In this book, we not only conduct a thorough examination of the role of customary law in the current criminal theory system, but more importantly, gain a more authentic and clear understanding of its survival status in judicial practice. On this basis, we will further discover that there exists a considerable contradiction, discontinuity, and tension between the current theoretical description of customary law and its judicial operation. As a result, we are compelled to engage in a fresh dialectical reflection on the relationship between criminal statutes and customary law. The further extension of this line of thought lies in reopening and releasing the due theoretical functions of customary law within the framework of the principle of legality, and re-examining and re-evaluating its role and value in the entire criminal theory system. To a certain extent, this book not only gently subverts the traditional narrative of "excluding customary law," but also creatively reconfigures the criminal role and value of customary law. From a broader perspective, the book delves into customary law from a side angle, highlighting the significant crisis faced by the principle of legality in the contemporary rule-of-law context, as well as the possible ways to resolve such a crisis.