法の声、声の法

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タイトル別名
  • The Voice of Law, The Law of Voice
  • ホウ ノ コエ コエ ノ ホウ

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抄録

Both modern scientific knowledge and law have excluded emotions from its framework adhering to the conceptions of truth, objectivity, rationality and so on. However, the relationships between law and emotions are much more complicated. On the one hand, emotions are firmly structured through social institutions like language and common understandings. On the other hand, emotions always exceed the limit of the meaning of words through voices. This aspect of emotions or voices is often deeply rooted into communal narratives and ideology where law and emotion implicitly meet each other. In this paper, the complex relationships will be examined through discussion on the meaning of "listening to voices, " "infringement of law" and "commandment or outside of law."

収録刊行物

  • 法社会学

    法社会学 2004 (60), 14-23,231, 2004

    日本法社会学会

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