株式会社極東書店トップ商品一覧The Phenomenology of Modern Legal Discourse. The Juridical Production and the Disclosure of Suffering.

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The Phenomenology of Modern Legal Discourse. The Juridical Production and the Disclosure of Suffering.

The Phenomenology of Modern Legal Discourse. The Juridical Production and the Disclosure of Suffering. 現代法ディスコースの現象学

・ISBN 978-1-84014-071-2 hard

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著者・編者Conklin, William E.,
シリーズApplied Legal Philosophy
出版社(Ashgate, UK)
出版年月1998
ページ数225 pp.
言語ENG
ニュース番号<440-768>

解説

Making use of Kafka's "The Trial", this book explores the theory behind modern legal discourse. In order to investigate the subject the author explores a range of questions: how and why does the legal discourse of a modern state conceal the experienced meanings of a non-knower; if one has been harmed, does the legal discourse recognize the harm; does the harm sometimes slip through the juridical categorizations; if recognized, is the harm re-presented through a vocabulary, grammar and gestural style which are familiar to the expert knowers but not to the person harmed? A second set of issues concerns the unconcealing of the addressive experineces of someone harmed. What happens to the dispersed everyday discourses which a litigant has experienced before they present their case to a lawyer, and are his or her dispersed embodied meanings concealed forever from the legal discourse of a modern state? These issues go to the production of human suffering inside the legal discourse of a modern state. The book explores such areas as the problematics of modern legal discourse, the juridical production of the concealment of suffering, the retreaval of the concealed meanings and the problematics of the study of the legal sign.