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Globalization and the Decline of Legal Consciousness: Torts, Ghosts, and Karma in Thailand |
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| 著者 |
Engel, David M. (著)
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| 掲載誌 |
Law & Social Inquiry
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| 巻号 | v.30 n.3 Summer |
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| 出版年月日 | 2005 |
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| ページ | 469 - 514 |
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| 出版者 | Wiley |
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| 出版サイト |
http://onlinelibrary.wiley.com/
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| 出版地 | Hoboken, NJ, US [霍博肯, 紐澤西州, 美國] |
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| 資料の種類 | 期刊論文=Journal Article |
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| 言語 | 英文=English |
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| ノート | Author Affiliation: University at Buffalo, USA. |
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| キーワード | Thailand; religiousness; torts; globalization; actions; defences |
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| 抄録 | This study analyzes the transformation of legal consciousness associated with the process of globalization. It examines changing conceptions of injury and compensation in northern Thailand, where global economic and cultural flows have had a dramatic impact over the past twenty years. In their "injury narratives," ordinary Thai people describe the harm they have suffered, the causes they identify, the issues of responsibility with which they struggle, the obligations and remedy systems they consider relevant, and the role of law as they perceive it. These accounts, as well as litigation records from the Chiangmai Provincial Court, suggest that a transformation of Thai legal consciousness has indeed occurred, but not in the direction one might have expected. Rather than embracing liberal legalism or conceptualizing their grievances in terms of rights, injury victims in post-globalization Thailand are now less inclined to perceive their experiences in legal terms and more inclined to rely on a new form of religious discourse in which Buddhist precepts justify the injured person's decision to refrain from the pursuit of compensation. This article offers an explanation of why globalization appears to have pushed legal consciousness in the direction of religiosity rather than rights. |
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| 目次 | GLOBALIZATION IN CHIANGMAI 472
THE STUDY 477
INJURY NARRATIVE: THE STORY OF BUAJAN 480
THE INTERPRETATION OF INJURY 489
THE WANING OF LOCALITY-BASED REMEDIES FOR INJURY 491
LITIGATION 496
JUSTICE, BUDDHISM, AND LAW AVOIDANCE 502
CONCLUSION 508
REFERENCES 512 |
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| ISSN | 08976546 (P); 17474469 (E) |
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| ヒット数 | 286 |
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| 作成日 | 2006.09.12 |
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| 更新日期 | 2025.03.17 |
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