从审判规则谈的法律悖论 On Legal Paradox in The Stranger Based on Judicial Rules毕业论文_英语毕业论文

从审判规则谈的法律悖论 On Legal Paradox in The Stranger Based on Judicial Rules毕业论文

2021-04-02更新

摘 要

《异乡人》这部中篇小说,不仅是加缪的著名小说,同时也是存在主义文学的杰出代表作品。通过这部作品,读者能够了解到当时的法律现状,如审判规则,审判程序,证据来源以及法官是如何给嫌疑犯定罪量刑。此外,这也是一部反应法律与文学相联系的巨著。一方面,将法学思想引入到文学写作和文学鉴赏中,可以为文学创作提供一个新的创作角度。另一方面,文学作品的文学性与法律的精准性的结合也是一个不错的尝试。本篇文章主要是从审判规则的角度分析《异乡人》中的法律悖论,包括其中的审判过程、审判程序、证据来源以及罪名判断等。此外,本篇文章也将会探讨法律对文学的影响以及文学对法律的作用。通过本文,读者能够对《异乡人》中的法律悖论有一个很好的认识,也能对主人公的一些特殊表现如对任何人、任何事都是一副无所谓的态度,有更进一步的理解。


关键词:异乡人;法律悖论;法律现象;审判;审判程序

Abstract

The novelette, The Stranger,is not only Camus’s famous work, but also the masterpiece of the existence literature, considered as the representative work of absurd novel. Moreover, this work enables readers to know the legal phenomena at that time, such as the trail process, the contentious procedure and the source of evidence, etc. It is a magnum opus that reveals the relationship between the law and literature. For one thing, adding the thoughts of law to the writing and studying of literature can provide a new perspective for the literary creation. For another, the combination between literary features of the literature discourse and the conscientiousness of the law is a good try. This paper aims to explore the law paradox from the opinion of the rule of adjudication.


Key Words:
The Stranger Legal paradoxes; Adjudication; Legal phenomena; Trail process;



Contents

1 Introduction 1

2 Introduction of the Relationship between Law and Literature 2

2.1 Origins 2

2.2 The Development 2

3 Law Paradoxes and the Law Thoughts 4

3.1Rules of Adjudication 4

3.2 The Proceeding 5
3.3The Sources of Evidence 6
3.4The Judgment of Charge 7

4 Analysis of the Relationship between Law and Literature 9

4.1 The Influence of Literature on the Law 9
4.1.1The Influence on Legal Language 10
4.1.2The Significance on the Writing of Legal Documents 10

4.2 The Influence of the Law on the Literature 11

5 Conclusion 13

References 14

Acknowledgements 15


On the Law Paradox of the Strangerfrom the view of Rules of Adjudication

1 Introduction

For a long time most of scholars emphasizes much more on the absurd subject ofThe Stranger, or explore the characteristics of the main character–Meursaul[1], while they ignored the law thoughts, law rules, law practice, the legal phenomenon at that time.Meursaul showed an indifferent attitude toward everything including his mother’s death. However, this homicide casewas strongly relevant with his mother’s death. And the magistrate made the judgment from the aspect of the morality rather than from the law.

This paper aims to explore the law paradoxes from the opinion of the rule of adjudication. Trying to have a further study about this work, instead of studying the absurd subject, try to talkabout the background of this book, introduce the social phenomenon at that time. With the help of the preceding, then analyze the relationship between the law and the literature. In order to understand this work more comprehensively, this paper will attach much importance to the law subjects in this work including the law paradoxes, illustrating the law thoughts embodied in this work, followed by paying attention to explore the significance of this paper. At the end of the paper, the paper will put forward some suggestions to the further studying of this work andpoint out the limitation of essay writing. Methods as consulting documents in ChinaNational Knowledge Internet, asking supervisor’s advice and making comparison with the foreign thesis about this subject will be applied in this paper.

2Introduction of the relationship between law and literature

2.1 Origins

As we all know, the literature is originated from the reality but higher than the reality. Hence, the literature has close relation with the imagination. However, the law is the summary of the reality experience but higher than the present. Therefore, the law is strictly conform to the reality. The literature pays much attention to the human beings; and the law puts emphasis on the human rights. Both of them attach much importance to the human and social life. There are a strong relation between law and literature. In 1988, Richard A. Posner published Law and Literature: A Misunderstood Relation, in which he advocated to use the real cases to analyze the literary works. In his opinion, the literary works and some theorists who supported the sport of law and literature, all of these made a little bit of contribution to the legal practice. Because he believed people could not learn some meaningful knowledge about the daily operation of legal system from the fictional literature, even though these works described the adjudication or other activities of legal system. After a few years, the sport of law an literature was prevalent in Chinese law field through the translation of a series of Posner’s works.

2.2Developments

With the appearance of tribe or country, the embryo of law emerged as people needed rules to regulate their behavior, to lead their ideals, which was easier for the governors to take control. But the literature had occurred before the appearance of law.
In the feudal states forming and mature period, the relationship between and literature became more and more closely. An increasing number of works about the subject of law and literature was sprung up. Take the Spring and Autumn Annals as an example, it is not only literary masterpiece, but it also can be considered as a legal work since it include numerous legal rules like agree on a three-point law, conviction according to one’s heart, conviction and sentencing.
In the period of modern society transformation, a large number of scholars analyzed the literary works from the prospect of law and literature. Shakespeare wrote some famous legal drama, such as the Venice Businessman. Besides, a great deal of distinguished litterateurs had legal education background, such as Goethe[2], Leo Nikolayevich Tolstoy[3]and Xuzhimo[4], Gustave Flaubert learned in the law school. So it is not strange to understand why more and more literary works will provide some legal thoughts, describe the legal phenomena at the special time. We can not only analyze The Stranger from the literary prospect, but we can also make some researches from the legal point, studying the trail process, the contentious procedure and the source of evidence, etc. Law and literature are compatible not opposite.

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