不要露出那张脸!Covid-19口罩和尼卡布:欧洲人权委员会跨文化盲目性的讽刺变形。

IF 0.9 Q3 SOCIAL SCIENCES, INTERDISCIPLINARY
Mario Ricca
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引用次数: 1

摘要

这篇文章既严肃又滑稽,论述了Covid-19造成的全球悲剧的一个明显的次要含义。这与“面纱问题”不约而同,而“面纱问题”是伊斯兰与西方关系中争论的焦点。更具体地说,它将解决为什么大流行改变了公共空间的环境和“共同生活”的语法的问题。在一段时间内(无法预测多长时间),在许多国家,人们不戴卫生口罩就不能外出或进入任何公共场所。简而言之,由于义务或各国公共当局的紧急建议,我们几乎所有人都不会在公共场合不露脸。影响许多西方国家的社会背景的改变将不可避免地涉及到对伊斯兰面纱的“当地”看法,以及作为平等问题的禁止佩戴面纱的一致性。法国等一些国家制定的禁止在公共场所佩戴头巾的禁令,以及欧洲人权法院的声明,将会如何落实?如果每个人都可以并且将不得不蒙着脸四处走动,为什么只有伊斯兰妇女才会受到歧视?新冠肺炎疫情带来的边界条件变化,是否也会促使西方重新界定面纱的意义?这种重新分类是否会直接影响戴面纱的“事实”,即它的经验感知?然而,这种心理语义的变化会不会表明经验知觉是文化建构,而不是所谓独立于观察者观点的“客观事实”?因此,在决定戴面纱的合法性时,与遮住自己脸的姿势相关的多元观念和文化意义是否会重新获得相关性?2019冠状病毒病引发的社会语义地震迫使我们重新思考这一问题以及围绕将“事实”翻译成法律语言的其他问题;此外,它强调了许多意识形态/党派和种族中心主义假设的工具性,这些假设被伪装成对所谓的“事实”的客观性。本文将试图通过提出一种符号学法律方法来解决跨文化冲突,并间接地解决法律的多元化问题,从而为上述问题提供答案。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Don't Uncover that Face! Covid-19 Masks and the Niqab: Ironic Transfigurations of the ECtHR's Intercultural Blindness.

This essay, between serious and facetious, addresses an apparently secondary implication of the planetary tragedy produced by Covid-19. It coincides with the 'problem of the veil,' a bone of contention in Islam/West relationships. More specifically, it will address the question of why the pandemic has changed the proxemics of public spaces and the grammar of 'living together.' For some time-and it is not possible to foresee how much-in many countries people cannot go out, or enter any public places, without wearing a sanitary mask. In short, almost all of us, by obligation or by urgent advice from the public authorities of the various countries, will not live the public sphere with our faces uncovered. The alteration of the social context affecting many Western countries will inevitably involve also the 'local' perception of the Islamic veil and-as a matter of equality-the consistency of the prohibition of wearing it. What will thus become of the ban on wearing it in public places established by some countries such as France and asseverated by the ECHR? If everyone can and will have to go around with their faces covered, why should only Islamic women be discriminated against? Will not the change in boundary conditions produced by Covid-19 also induce Western people to re-categorize the meaning of the veil? And will this re-categorization not directly affect the 'fact' of wearing the veil, that is, its empirical perception? And still, will this psycho-semantic change not show how empirical perceptions are cultural constructs rather than 'objective facts,' as such allegedly independent from the observer's point of view? Consequentially, will the plurality of perceptions and cultural meanings related to the gesture of covering one's own face not gain renewed relevance in determining the legitimacy of wearing the veil? The socio-semantic earthquake produced by Covid-19 compels us to rethink this and other issues orbiting around the translation of 'facts' into legal language; furthermore, it highlights the instrumentality of many ideological/partisan and ethnocentric assumptions passed off as objectivity regarding those alleged 'facts.' The essay will attempt to provide an answer to the above questions by proposing a semiotic-legal approach to intercultural conflicts and, indirectly, the pluralism in law.

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来源期刊
CiteScore
2.00
自引率
25.00%
发文量
71
期刊介绍: The International Journal for the Semiotics of Law is the leading international journal in Legal Semiotics worldwide.   We are pathfinders in mapping the contours of Legal Semiotics.   We provide a high quality blind peer-reviewing process to all the papers via our online submission platform with well-established expert reviewers from all over the world. Our boards reflect this vision and mission.   We welcome submissions in English or in French.   We bridge different fields of expertise to allow a percolation of experience and a sharing of this advanced knowledge from individual, collective and/or institutional fields of competence.   We publish original and high quality papers that should ideally critique, apply or otherwise engage with semiotics or related theory and models of analyses, or with rhetoric, history of political and legal discourses, philosophy of language, pragmatics, sociolinguistics, deconstruction and all types of semiotics analyses including visual semiotics. We also welcome submissions, which reflect on legal philosophy or legal theory, hermeneutics, the relation between psychoanalysis and language, the intersection between law and literature, as well as the relation between law and aesthetics.   We encourage researchers to submit proposals for Special Issues so as to promote their research projects. Submissions should be sent to the EIC.   We aim at publishing Online First to decrease publication delays, and give the possibility to select Open Choice.   Our goal is to identify, promote and publish interdisciplinary and innovative research papers in legal semiotics.
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