从同情的角度看待冲突调解中的公共领导力

Inkyung Lee
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引用次数: 0

摘要

本研究通过关注调解冲突的公共领导以及与法律民间故事(也称为 "訟事說話"(涉及审判过程的民间故事))相关的文献中所描述的叙述者的观点,来探究知识分子的看法。这些民间故事不仅描绘了民事或刑事案件的审判过程,还描绘了与地方官员的一般行政工作有关的从纠纷发生到调查过程和最终判决的整个案件解决过程。 在以文学形式书写的法律民间故事中,展现的是多样化的人类生活全景,叙事者的观点始终带有偏见。他们将儒家思想奉为绝对价值,单方面强制推行宗法社会秩序,理所当然地认可贵族的阶级优越性,牺牲家庭或亲族共同体中的个体而非公共领域中的个体自我实现。 代表贵族意识的叙述者对下层社会和妇女的看法存在扭曲和偏见。描写公共领导调解各种冲突的表现过程的叙述者们认真观察了几位法官的智慧和判断,并始终以贵族的价值观为基础进行评价。他们站在自己的主观立场上评价审判过程,却对平民百姓受到的影响漠不关心。他们只担心贵族建立的社会秩序会崩溃,却忽视了在这种严格的社会秩序下窒息的社会弱势群体的痛苦。 叙事者评价法官的判决时,侧重于捍卫贵族所向往的社会秩序。当时,阅读文学故事的人都是像作家一样精通中文的贵族。朝鲜时代的文学故事阅读者在巩固其贵族身份的同时,也确定了自己的社会同一性。 反思阅读法律民间故事的文学功用,从他人的角度看问题的同理心训练是阅读文学作品的目的。在法律民间故事所展现的法律场景中,有原告、被告、法官、调解员,也有一味观察和叙述的叙述者。读者可以通过这些不同人物的视角,从不同角度解读正在发生的纠纷过程。阅读者还可以设身处地为调解人着想,思考最公正的判决。在这个过程中,法律民间故事读者需要完成对他人的同情和自我反思的心理任务。在这一时刻,需要道德想象力。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
A Compassionate Perspective toward Public Leadership in Conflict Mediation
The study looks into the perception of intellectuals by focusing on public leadership for conflict mediation and the narrator’s views as described in literature related to legal folktales, also known as 訟事說話 (folktales dealing with trial processes). These folktales depict not only the trial processes of civil or criminal cases but also the complete case-solving process from the initiation of disputes to the investigation process and the final verdict related to the general administrative tasks of local officials. In the legal folktales written in literature, a diverse panorama of human lives unfolds, and the views of narrators consistently are biased. They prioritize Confucian ideology as an absolute value, unilaterally force a patriarchal societal order, and take it for granted to approve the class superiority of the nobility and to sacrifice individuals within family or kinship communities over individual self-realization in the public area. The narrators representing the consciousness of noblemen maintain distorted and biased perspectives towards lower social classes and women. The narrators who depicted the manifestation process of public leadership mediating various conflicts attentively observed the wisdom and judgments of several judges and consistently evaluated based on the values held by noblemen. They assessed the trial processes from their subjective standpoint but showed indifference to the impacts on the common people. They exclusively worried about a collapse of the communal order set by the nobility while ignoring the suffering of the socially disadvantaged who suffocated under such a stringent social order. The narrators evaluated the judges’ decisions by focusing on the defense of the social order that noblemen aspire to. At that time, those who read literary tales were all nobles with proficiency in Chinese like the writers. Those who read the literary tales in the Joseon Dynasty identified their social homogeneity as nobles while solidifying it. Reflecting on the literary utility of reading legal folktales, training for empathy to see from another’s perspective is the purpose of reading literature. In the legal scenes illustrated in legal folktales, there are plaintiffs and defendants, judges, and mediators as well as narrators who consistently observe and narrate. Readers can have an opportunity to interpret the ongoing dispute process from various angles through the perspectives of these diverse characters. Those who read also contemplate the fairest judgment, putting themselves in the shoes of a mediator. This process demands legal folktale readers for psychological tasks of empathy and self-reflection towards others. At that moment, moral imagination is required.
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