In this paper, I critically challenge the ability of legal reforms to recognize and integrate the way in which a rape victim sees rape. Current limitations to the law are mainly due to the accepted patriarchal view on...In this paper, I critically challenge the ability of legal reforms to recognize and integrate the way in which a rape victim sees rape. Current limitations to the law are mainly due to the accepted patriarchal view on law as a form of objective and rational knowledge, outside which there are only impracticable and irrational views. I investigate the case of marriage jurisprudence in the UK, as a prominent example, because it has long accepted marital rape as objectively and rationally part of a wife＇s duty. Even though changes have occurred which improve the marital rape jurisdiction and prejudicial disbelief concerning a woman＇s private life is still used in the courts to question the credibility of the victim. Over the past year, extensive efforts have been made to reform the management of rape cases. Whilst there is a need to acknowledge the seriousness of the accusation with rigorous legal principles which provide appropriate safeguards for the accused person as well as the complainant, especially bearing in mind the often ＂private＂ circumstances, with a concomitant lack of witnesses, it remains the case that the rate of attribution in attempts to secure successful prosecutions in rape case remains overwhelming. I show how a Wittgensteinian approach to law would take into consideration the shape ofgendered lives as they are experienced, and hence would not accept just one legal interpretation of marital law. The phenomenon of＂seeing-as＂ in Wittgenstein＇s philosophy can support the experience of being jolted into appreciating the feminist aspect of consent in marital sexual relationships.展开更多
The concept of Burger （citizen） lies at the heart of Kant＇s philosophy of law, where it appears in three contexts. Correspondingly, we can distinguish three different senses of the concept： generic, specific and u...The concept of Burger （citizen） lies at the heart of Kant＇s philosophy of law, where it appears in three contexts. Correspondingly, we can distinguish three different senses of the concept： generic, specific and universal. Re-interpretation of these three senses of the concept enables us to clarify ambiguities and show how this concept has evolved theoretically and how its characteristic features of universality, construction and coercion should be understood. On the basis of Max Weber＇s examination of the concepts of city dweller and citizen, we show the socio-historical origins of the Kantian concept of Biirger. It can be seen that the mechanism for this term＇s evolution from the sense of ＂city dweller＂ to the sense of ＂citizen＂ is the universalization of rights. ＂Citizen＂ represents a mode of existence within the framework of Recht （law or right） that man himself has constructed.展开更多
After China＇s entry into ＂ The World Structure,＂ the legal philosophy of China, in its redefinition of ＂China＂ and its survey of ＂China＇s issues,＂ must construct a ＂relational perspective. ＂ From this relati...After China＇s entry into ＂ The World Structure,＂ the legal philosophy of China, in its redefinition of ＂China＂ and its survey of ＂China＇s issues,＂ must construct a ＂relational perspective. ＂ From this relational perspective, ＂The World Structure＂ in an age of globalization presents a dualistic character, and closely related to this is the fact that ＂ The World Structure＂ forces double constraints upon the development of China. Under these double constraints, China＇s issues become ＂synchronic. ＂ This ＂World Structure,＂ with its double constraints, turns out to be the historic condition of the fundamentcd tasks of the legal philosophy of China and it calls for a redefinition of China by the legal philosophy of China via the construction of the ＂relational perspective＂ and the ＂synchronic perspective＂ and at the same time, a ＂Subjective China＂ is to be constructed, upon which China＇s ideal law picture can also be perfected.展开更多
文摘In this paper, I critically challenge the ability of legal reforms to recognize and integrate the way in which a rape victim sees rape. Current limitations to the law are mainly due to the accepted patriarchal view on law as a form of objective and rational knowledge, outside which there are only impracticable and irrational views. I investigate the case of marriage jurisprudence in the UK, as a prominent example, because it has long accepted marital rape as objectively and rationally part of a wife＇s duty. Even though changes have occurred which improve the marital rape jurisdiction and prejudicial disbelief concerning a woman＇s private life is still used in the courts to question the credibility of the victim. Over the past year, extensive efforts have been made to reform the management of rape cases. Whilst there is a need to acknowledge the seriousness of the accusation with rigorous legal principles which provide appropriate safeguards for the accused person as well as the complainant, especially bearing in mind the often ＂private＂ circumstances, with a concomitant lack of witnesses, it remains the case that the rate of attribution in attempts to secure successful prosecutions in rape case remains overwhelming. I show how a Wittgensteinian approach to law would take into consideration the shape ofgendered lives as they are experienced, and hence would not accept just one legal interpretation of marital law. The phenomenon of＂seeing-as＂ in Wittgenstein＇s philosophy can support the experience of being jolted into appreciating the feminist aspect of consent in marital sexual relationships.
文摘The concept of Burger （citizen） lies at the heart of Kant＇s philosophy of law, where it appears in three contexts. Correspondingly, we can distinguish three different senses of the concept： generic, specific and universal. Re-interpretation of these three senses of the concept enables us to clarify ambiguities and show how this concept has evolved theoretically and how its characteristic features of universality, construction and coercion should be understood. On the basis of Max Weber＇s examination of the concepts of city dweller and citizen, we show the socio-historical origins of the Kantian concept of Biirger. It can be seen that the mechanism for this term＇s evolution from the sense of ＂city dweller＂ to the sense of ＂citizen＂ is the universalization of rights. ＂Citizen＂ represents a mode of existence within the framework of Recht （law or right） that man himself has constructed.
文摘After China＇s entry into ＂ The World Structure,＂ the legal philosophy of China, in its redefinition of ＂China＂ and its survey of ＂China＇s issues,＂ must construct a ＂relational perspective. ＂ From this relational perspective, ＂The World Structure＂ in an age of globalization presents a dualistic character, and closely related to this is the fact that ＂ The World Structure＂ forces double constraints upon the development of China. Under these double constraints, China＇s issues become ＂synchronic. ＂ This ＂World Structure,＂ with its double constraints, turns out to be the historic condition of the fundamentcd tasks of the legal philosophy of China and it calls for a redefinition of China by the legal philosophy of China via the construction of the ＂relational perspective＂ and the ＂synchronic perspective＂ and at the same time, a ＂Subjective China＂ is to be constructed, upon which China＇s ideal law picture can also be perfected.
