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題名 法與輿論的互動是否可能？—從日本近年的刑事立法說起 其他題名 Does “Public Opinion” Matter: A Multilevel Analysis Of Criminal Law-Making Process In Japan 作者 郭薇
Wei, Guo貢獻者 法學院 關鍵詞 legal consciousness; discourse analyze; public opinion; limitation for crimes 日期 2012-03-17 上傳時間 31-Dec-2015 10:09:39 (UTC+8) 摘要 This article examines the alternative explanation about law-making, social discourse, and the narrative spaces between them. Using the discussion of public opinion and legislation, author offer an alternative dialogic approach in reframing the function of “public opinion” in law-making.At first, this article opens with a discussion of the new punitiveness movement in Japan recently. In 1990s, Japanese criminal laws and practices began to make the efforts in response to the demands of the victim right movement, which significantly challenge long-held understandings of the meaning and practice of criminal justice─from offender-orientation to victim-orientation.Then, Author examines the function of public opinion as the meaning of recognition in legislation. Adopting a concept of public opinion as contingent outcome in a social transaction, this analysis reveals that not only professional, institutionalized discourse but also resistance to institutionalized authority draws from sociocultural resources, including symbolic, linguistic narrative in victim communities and mass-communication discourse. Author argues the issue of criminal law-making development in recent years, is how to transform social discourse into institutionalized process, especially in the discussion of lawmaking, center to make a joint product of actors’ interpretation between legal professor and laymen.Finally, to illustrate this, one of interesting case study of public opinion and legislation, namely limitation for crimes in the lawmaking process of Japan in 2010 is analyzed. In this part of the article, the discourses has been elaborated, include the deliberation of the ministry of Justice, institutionalized hearing, report of mass-media and the conversation on cyberspace. My aim in this case study is to compare the character of interaction with multi-stage from institutional practices to common-life, and to consider how public opinion was produced in real lawmaking process and whether it provide us with a persuasive understanding of the meani 關聯 後繼受時代的東亞法文化 : 東亞法哲學研討會. 第八屆
主辦單位:國立政治大學法學院
舉辦日期:2012.03.17-2012.03.18資料類型 conference dc.contributor 法學院 dc.creator (作者) 郭薇 zh_TW dc.creator (作者) Wei, Guo dc.date (日期) 2012-03-17 dc.date.accessioned 31-Dec-2015 10:09:39 (UTC+8) - dc.date.available 31-Dec-2015 10:09:39 (UTC+8) - dc.date.issued (上傳時間) 31-Dec-2015 10:09:39 (UTC+8) - dc.identifier.uri (URI) http://nccur.lib.nccu.edu.tw/handle/140.119/80168 - dc.description.abstract (摘要) This article examines the alternative explanation about law-making, social discourse, and the narrative spaces between them. Using the discussion of public opinion and legislation, author offer an alternative dialogic approach in reframing the function of “public opinion” in law-making.At first, this article opens with a discussion of the new punitiveness movement in Japan recently. In 1990s, Japanese criminal laws and practices began to make the efforts in response to the demands of the victim right movement, which significantly challenge long-held understandings of the meaning and practice of criminal justice─from offender-orientation to victim-orientation.Then, Author examines the function of public opinion as the meaning of recognition in legislation. Adopting a concept of public opinion as contingent outcome in a social transaction, this analysis reveals that not only professional, institutionalized discourse but also resistance to institutionalized authority draws from sociocultural resources, including symbolic, linguistic narrative in victim communities and mass-communication discourse. Author argues the issue of criminal law-making development in recent years, is how to transform social discourse into institutionalized process, especially in the discussion of lawmaking, center to make a joint product of actors’ interpretation between legal professor and laymen.Finally, to illustrate this, one of interesting case study of public opinion and legislation, namely limitation for crimes in the lawmaking process of Japan in 2010 is analyzed. In this part of the article, the discourses has been elaborated, include the deliberation of the ministry of Justice, institutionalized hearing, report of mass-media and the conversation on cyberspace. My aim in this case study is to compare the character of interaction with multi-stage from institutional practices to common-life, and to consider how public opinion was produced in real lawmaking process and whether it provide us with a persuasive understanding of the meani dc.format.extent 3383715 bytes - dc.format.mimetype application/pdf - dc.relation (關聯) 後繼受時代的東亞法文化 : 東亞法哲學研討會. 第八屆 dc.relation (關聯) 主辦單位:國立政治大學法學院 dc.relation (關聯) 舉辦日期:2012.03.17-2012.03.18 dc.subject (關鍵詞) legal consciousness; discourse analyze; public opinion; limitation for crimes dc.title (題名) 法與輿論的互動是否可能？—從日本近年的刑事立法說起 zh_TW dc.title.alternative (其他題名) Does “Public Opinion” Matter: A Multilevel Analysis Of Criminal Law-Making Process In Japan dc.type (資料類型) conference
