依類型 族群 主題   
 
 
2014.06.01 ~ 2014.06.30
「正義」美學:以所羅門群島Langalanga民族誌為例
族群: 其他民族  
主題: 學術研究、報紙期刊  
作者 郭佩宜
期刊名 臺灣人類學刊12卷1期頁87+89-129
ISSN
地點 其他 其他    
研究內容

「正義」的概念是否有文化差異?「正義」的理想實踐方式,在不同的文化脈絡下是否有相異的圖像?當原住民傳統習慣規範與國家法制兩套體系交會時,何謂「正義」以及如何達致的思辨乃根本問題。本文透過大洋洲的民族誌案例,探討不同文化慣習下的行動者對於「正義」的理解與想像,以及在當代法律體系運作時產生的落差。例如美拉尼西亞社會處理糾紛時常見以「直」(rada, straight)為喻的正義美學,以「理直」(farada, straighten)為目標的處理模式,其中涉及不同的人觀、財產權、責任歸屬、賠償與修復協商,和殖民遺緒的司法體系運作多所隔閡,必須放在其強調社會關係網絡的整體文化思維中理解。本文透過大洋洲的跨文化比較研究,提供台灣原住民運動在當代法律情境下重新思考傳統與國家法制介面的參考。

This paper looks into how the concept of ''justice'' and its ideal practice is culturally grounded. When the indigenous customary norms encounter the contemporary state legal systems, the questions of ''what justice means'' and how it could be achieved become fundamental and challenging. In the contemporary society characterized by multi-cultural composition and global connections, divergent ideas of justice and their incongruence often underlie legal and political debates. Through ethnographic studies, especially the case of Langalanga in the Solomon Islands, this paper examines the conceptualization and imagination of justice in Oceania, and its incommensurability with the formal jurisprudential domain in the (post) colonial states. Langalanga people live in coastal or artificial islet settlements in the lagoon along the central-west coast of Malaita Island, Solomon Islands. Though a relatively small group in the island state, they dominate the boat building industry, and their shell money economy thrive within the nation. Langalanga people often translate the English term ''justice'' as ''radana'', which means ''straightness'' literally, and it also connotes the intertwined meanings of sameness, rightness, and clarity. The complex idiom of radana links to high moral value, right way to do things, and is an ideal way of social life in the community. In Langalanga, as in some other Oceanic societies, the ideal dispute settlement is often expressed using the metaphor of farada (''straighten''). Radana (farada) is not only the path to the ideal situation, but the ideal situation itself. There are several paths to farada: customary exchange and sacrificial rituals, the church way of praying together, and the ''council of chiefs''. However, the essence to its success depends on willingness of two parties to tafa (open up) and famadakwa (clarify) the disputing points. The disentangling process of achieving radana (farada), or the ''constraint of form'' that radana could be perceived and reified constitutes the aesthetics of ''justice''. Justice is always situated in the context of social networks in Oceania. The specific aesthetics of ''justice'' in Langalanga encompass various concepts of personhood, property, liability, compensation and restorative negotiation. The court system in the Solomon Islands operates mainly according to principles of English legal tradition; the notions of justice embedded in the ''law'' and legal procedures are alien from the rada aesthetics of justice. People are discontent with the court for failing to farada; without paying attention to the ideal of radana, the court is far away from how people believe justice could be achieved. In recent years, activists and scholars of legal reforms in Taiwan have explored the incongruences and even conflicts between the state legal system and the indigenous customs. Specific courts dealing with indigenous cases have been set up in 2013, and there are plans to establish tribal courts that follow ''customary law'' in the future. By looking into Oceanic ethnographies as comparative references, I point out that legal reform such as the survey and coding of indigenous custom and the installation of indigenous court should pay attention to the discrepancy in the concepts and aesthetics of justice in the context of legal pluralism.