The Powers Of The Origin Of Cultural Studies - Chiefdom Of The North American Indian Tribes In Ancient China As An Example

The power is a basic category of jurisprudence. The study on the category of power and the origination of power is a frail part relatively in law study. Especially the patterns of study on the power and its origination are very monotonous. In order to respond for these questions, this article gives a rudimental analysis to the category of power in the view of law culture. On the base, the question of origination of power was investigated.When the origination of the power was about to be discussed, we must decide how to choose the theory pattern. In the boundary of culture origination and culture modality of ancient society, there have been two analysis patterns in the theory of history, anthropology and archaeology. The first pattern was the pattern of clan brought forward by Lewis H. Morgan from the view of the anthropology in 1877. But historian such as Xie Weiyang believed that the value of Morgan's theory, but he wondered the historic data of China could fit for the pattern of clan? Xie believed in that the pattern of chiefdoms could give a better answer to the question of power origination in ancient China. It was not because the pattern of chiefdoms was a piece of fresh theory compare with the pattern of clan. But the pattern of chiefdoms fit for the ancient data of China. So, in order to construe the origination of power, nation and law between east and west successfully, we must break the only pattern of theory even it is a classical one. Because of the independence of the origination of cultures, two or three patterns of theory can not be paralleled to the every actual process of power origination. According to the study of history and anthropology, we could choose the two mature patterns of theory, the pattern of clan and the pattern of chiefdoms. They were regarded as the theory appliance in order to study the origination of power relatively.The pattern of clan represented by Lroquois in the ancient society, while the pattern of chiefdoms represented by Wu-Di of ancient China in history and anthropology. The different patterns of power origination brought about different structures of power and tradition of law.The most difference between the two patterns on power origination is that the power under the background of chiefdpms had the nature of personal autocracy. The character of this kind of power is that 'the one ruled the others very autocratically' and excluded any supervision. It may be the origination of personal autocratic system in thousands years of Chinese history. However, the power under the background of clan was controlled by an ancient representative agency. It revealed a sort of divided power.The article approximately has six parts: part one mostly analyses the concept of power. Part two will discuss the study style of comparative law culture. Part three is about to choose pattern of theory. Part four and part five analyses the power origination under the clan pattern and chiefdoms respectively. Part six will compare the two patterns of power origination and relative law tradition.