| The moment, the Greek financial crisis hits the failing of global law, known as the most perfect of the United States and without the risk of commercial and financial derivatives are "Western scholars boast." Friedman as a West prominent sociologist, widely publicized in recent years, the so-called globalization of law, and thought that Chinese law is quite confident the Western trajectory. Friedman regards the legal culture and social development as their lifelong problems, adhering to the social changes to shape the legal culture, and legal culture affecting the legal system, legal system, then opposing the idea of social change to explain the development of society. This paper analysises the theory of Friedman's legal culture in the three basic concepts, legal, legal system, legal culture of the comb, and analysises his legal point of view of globalization by an entry point of a legal culture.First, Friedman's study based on the perspective of sociology of law and the legal system, which is his originality. Friedman take an external observation of the way, trying to look at the social science perspective the law, that is, the legal system as one of many social systems, in accordance with behavior to describe, explain the legal system, a clear description of the dynamic process of the legal system works. In this dynamic process, Friedman emphasized what he called "legal culture" the role of legal culture is not only Friedman's analysis of legal development in the theory of the concept, but also the substantive variables.Second, Friedman discusses the Western industrialization, modernization and inter-cultural logic of modern law. He believes that the characteristics of modernity is that through the rapid changes brought on by technological society, modern technology has not only changed people's living environment, but also changed the way people look at the world this way. Compared with the 19th century, meaning the concept of individualism in the 20th century saw a fundamental change, that is, by the political and economic individualism turned to expressive individualism. The connotation of the concept of expressive individualism embodied in the individual choice to expand the breadth and depth of legal respect for the rights of individual choice and protection of the legitimacy of the law is the law people are willing to Germany-based approach to protect their right to choose. Thus, in Friedman's vision of "modern industrial, legal culture, legal system changes" have reached a good cycle. The last, Friedman believed that modernization brought about by the convergence of culture and globalization of law will ultimately, And the globalization of law likely to follow U.S. law, the current model-the path of the Republic of choice. This exposes the lack of thought of his side, leaving aside the cultural hegemony theory aside, at least his theory into large ones was inherently flawed. Even in the modernization and globalization driven by the convergence of culture is being presented is a question of fact, but totally obliterate cultural differences, come to the conclusions of the World Cultural increasingly Americanized lack of objectivity. Globalization of law, legal culture, legal technology, the convergence of legal culture can not completely eliminate the unique nature of globalization, the cultural conflicts and symbiotic, rather than the same culture, the rule of law model of unity. |
