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| Landscapes of the Law: Injury, Remedy, and Social Change in Thailand | ||
| 作者 | Engel, David M. (著) |
|---|---|
| 出處題名 | Law & Society Review |
| 卷期 | v.43 n.1 |
| 出版日期 | 2009.03 |
| 頁次 | 61 - 94 |
| 出版者 | Wiley |
| 出版者網址 | http://onlinelibrary.wiley.com/ |
| 出版地 | Hoboken, NJ, US [霍博肯, 紐澤西州, 美國] |
| 資料類型 | 期刊論文=Journal Article |
| 使用語言 | 英文=English |
| 附註項 | Author Affiliation: State University of New York at Buffalo, USA. |
| 摘要 | Sociolegal theorists since Weber have postulated that state law operates by interacting with and responding to nonstate legal orders. This article, examining conceptions of injury and compensation in Thailand, analyzes two ways of mapping law onto the landscape. The first is associated with state law and legal institutions established at the turn of the twentieth century. The state legal system imagines space from the outside in, drawing a boundary line and applying law uniformly throughout the jurisdiction it has enclosed. A second type of mapping, which has been more familiar over the centuries to ordinary Thai people, imagines space from the inside out. Nonstate legal orders are associated with sacred centers and radiate outward, diminishing in intensity and effectiveness with distance. This article, based on extensive interviews with injured persons and other actors and observers in northern Thailand, examines the interconnections between these two ways of imagining the landscape of law. It suggests that recent transformations of Thai society have rendered ineffective the norms and procedures associated with the law of sacred centers. Consequently, state law no longer interacts with or responds to nonstate law and surprisingly plays a diminished role in the lives of ordinary people who suffer injuries. |
| 目次 | Two Types of Legality in the Imagined Spaces of the Thai Landscape 64 The Landscape of Sacred Centers 68 Households, Villages, and Their Inhabitants 68 Injuries Far From Home 73 Injuries Off the Map: Delocalized Causes of Harm 75 Interrelationship of Two Legal Geographies--A History of Interlegality 77 Relocalization and Delocalization of Injury and Identity 79 The Delocalization of Karma 83 The Lost Path to Law 85 Conclusion 88 Appendix: Research Design and Methodology 90 References 92 Statutes Cited 94 |
| ISSN | 00239216 (P); 15405893 (E) |
| 點閱次數 | 20 |
| 建檔日期 | 2025.02.20 |
| 更新日期 | 2025.02.24 |
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