| 英文摘要 |
This paper aims to provide a literature review of legal consciousness studies, presenting their theoretical perspectives with special reference to Taiwanese empirical research. Legal consciousness studies start from the disputing process that analyzes people’s subjective consciousness of interpreting events and explores the cognitive transformation of actors’ legal consciousness. Researchers next take a “cultural turn” approach, regarding the law as a cultural practice and focusing on the construction of meaning in daily life. The social construction of “legality”, based on unequal resources and cultural schema, reflects the constraints of legal practice that perpetuate legal hegemony. Although legal consciousness studies have flourished since then, it has also had some critics on the ignorance of the law’s symbolic power and the politics of people’s resistance. This paper suggests that legal consciousness studies should focus more on the interweaving of law and other social powers, asking in what sense the actor’s sense of self or identity is the driving force behind their legal consciousness and how this simultaneously constructs the social relations in which they operate. This is to study the inequalities in the construction of the subject through the investigation of its structural aspect. By exploring the strategies of individuals under the cognitive template of cultural schema, the researchers analyze the agency’s compliance and resistance to the law in moral sense, so as to dissect the “dialectical relationship” between the structure and agency. In fact, it is in the interpersonal interactions and disputes that we speculate on issues of choice, the separation of self and others, and moral responsibility, which stimulates the agency to resist the structure of inequality. At this time, “personhood” plays a key role in the law as a cultural practice, and it was also an important issue in the cultural transformation of local law. |
