| Betrothal gift norm is a very interesting topic, it is a long-standing tradition in Chinese society, and even has become stronger in contemporary rural and some urban communities, it is a typical social norms. Unlike the law as a way of social control, social norms not only widely exist in societies,but also have strong influence. They have a similar function with the law and have a profound impact on the operation of the formal state system, and should attract the attention of law researchers. This paper is an attempt. This article aims to discuss general issues of social norms from betrothal gift, including what is social norms, the formation mechanism of social norms, how it works, and then compare the law and social norms and the interaction mechanism of them.This paper is organized in five chapters. The first chapter from the betrothal gift norms, teases the historical development of the betrothal gift, introduces theoretical contributions in explaining the phenomenon of betrothal gift from anthropology and sociology, relation changes of the betrothal gift, and thus leads to the theory question:the general issue of social norms. This paper argues that the betrothal gift norms is of conventional norms of conduct in the practice of marriage formation. It regulates people’s social behavior and forms and maintains marriage through a variety of signals. The second chapter discusses the definition, types and operations of the social norms. This paper argues that the social norms is conduct regularities in everyday interaction from the formation of the game, regulates people’s behavior, plays an important role in maintaining social order and cooperation. The third chapter analyses the formation mechanism of social norms from the perspective of law and economics. First, puts forward what’s the root causes of social cooperation and order from the dilemma of collective action. Hobbes’s approach is to resort to the law and public authorities, but this approach does not explain conclusions from the anthropology and sociology fieldwork experience:there is order without law in some places. Economists describe the paradox of human cooperation from a theoretical model of the Prisoner’s Dilemma with a full academic imagination. Axelrod makes a single prisoner’s dilemma game into a repeated game through computer simulations, it explains mystery of cooperation in the small close group, but it still does not explain the problem of cooperation and order in the strangers society. Eric Posner forcefully explains the problem by building signaling theory. He believes that the root causes of social order and cooperation is social norms and social norms is the game equilibrium or regularities through signaling. This theory also explains the signaling functions of the betrothal gift norm. The fourth chapter, by comparing the similarities and differences between law and social norms, illustrates not solely rely on the law or social norms in modern society, but should pursuit of effective interaction between them. The fifth chapter rethinks the current "legal centralism" thoughts in the modernization process of legal system, and proposes that the lawmakers, include the legal researchers should keep enough sensitive on social norms in the reality and take social norms serious. Interaction between the betrothal gift norm and law, the betrothal gift norm get recognition, acceptance, practice (whether active or passive), and the country’s acquiescence, even acknowledge and legislate to be "legalized", law without social basis has to compromise to social norms. This shows that while people can design the future life by law, but not necessarily be able to achieve these goals. Social norms often change enforcement of law in real life, so that the final result is always beyond expectations. This fact prompts us to think deeply how to effectively implement the law, and how the state should deal with social norms. This paper argues that in order to build a modern rule of law, we should try to seek the positive interaction between social norms and laws, social norms complement law, while law intervene or change social norms, and give full play to the social functions of them. |
