法社会学
Online ISSN : 2424-1423
Print ISSN : 0437-6161
ISSN-L : 0437-6161
物語と裁判
小野坂 弘
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2004 年 2004 巻 60 号 p. 35-46,232

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Conflicts and cases that were the themes in the trials, are real events. They are constructed with the facts selected from innumerable pieces of facts. What guide these selections and constructions are the narratives. These narratives in the real trials are structured by act, actor, scene, agency and purpose. Inorder to do reasoning about cases, it is indispensable to use enormous encyclopedic knowledges not based on any evidence. Legal cases are also constructed with vocabularies of sentiments which are specific to "situations-responses" of basic paradigm-scenario. And when these vocabularies are different from our ones, we feel it's improper or unlike. There are cases in which the results of trials are changed with the narratives told in the trials.

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