• Title/Summary/Keyword: representation of 'innocent'

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The verdict category and legal decision: Focused on the role of representation of 'innocent' (평결범주와 일반인의 법적판단: '무죄표상'의 역할을 중심으로)

  • Han, Yuhwa
    • Korean Journal of Forensic Psychology
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    • v.13 no.1
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    • pp.1-22
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    • 2022
  • This study tested the effect of the verdict category of lay-participation trial in Korea on the legal decision of layperson and the role of representation of 'innocent' in the process. Representation of 'innocent' refers to a psychological threshold for deciding someone's innocence (no fault or sin) in a general sense. The functions as a threshold for a legal decision of 'beyond a reasonable doubt (BRD)' and the individual threshold (IT), regarded as a standard for judgment of guilt established by law and an estimate of an individual's threshold, respectively, were compared. This study used a 2×2 complete factorial design in which the verdict category (guilty/innocent vs. guilty/not guilty) and the defendant's likelihood of guilt (low vs. high) were manipulated. Data from 137 lay-people who voluntarily participated in the online experiment was analyzed. The experiment's procedure was in the order of measuring 'representation of innocent' and the likelihood of guilt of an accused, presenting one of four trial vignettes, and obtaining legal decisions (verdict confidence and estimation of the likelihood of guilt for the defendant). As a result, it was found that the verdict category did not significantly affect the legal decision of layperson. However, the guilty verdict rate of the 'guilty/innocent' condition tended to be higher than those of the 'guilty/not guilty' condition. The layperson's representation of 'innocent' and the verdict category had an interaction effect on the difference between BRD and IT (threshold change) at the significance level of .1. In the 'guilty/innocent' condition, the threshold change varying with layperson's representation of 'innocent' was larger than in the 'guilty/not guilty' condition. In comparing the function of BRD and IT, IT significantly predicted the lay person's legal decision at the significance level of .1 by interacting with the likelihood of guilt for the defendant. Therefore, it could be said that IT was a better threshold estimator than BRD. The implication of this study is that it provided experimental evidence for the effect of the verdict category of lay-participation trial in Korea, which is a problem often raised among lawyers, and suggested logical reasoning and empirical grounds for the psychological mechanism of the possible effect.

The Signification of Sisterhood and Testimony in Japanese Military 'Comfort Women' Films (일본군 '위안부' 영화의 자매애와 증언전수 가능성)

  • Kwon, Eunsun
    • The Journal of the Korea Contents Association
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    • v.17 no.8
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    • pp.414-421
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    • 2017
  • After the Korea-Japan comfort women's agreement, two films and were released with the audience's attention. Both films deal with the friendship of 'comfort women' girls. Unlike the existing 'comfort women' narratives, these two films are building a women's space based on a kind of sisterhood. The emergence of a new generation extends the story of personal friendship to the community level of sisterhood. In particular, suggests the possibility of a testimony that the 'comfort women' grandmother passes testimony to a new generation of women. In the cinematic present, it shows the possibility of feminist thinking of the 'comfort women' narrative. However, the representation of the colonial period does not deviate much from the existing patriarchal nationalistic viewpoint. It is typical that the 'comfort women' characters are still set with a pure and innocent girls of Chosun era.

Ideology, Politics, and Social Science Scholarship on the Responsibility of Intellectuals

  • Koerner, E.F.K.
    • Lingua Humanitatis
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    • v.2 no.2
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    • pp.51-84
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    • 2002
  • The 1990s have seen the publication of many books devoted to Language and Ideology (cf. Joseph & Taylor 1990. for one of the early ones) even though the term 'ideology' itself has remained ill-defined (Woolard 1998). The focus of attention has usually been placed on the particular use of language and often for some kind of 'political' ends, not on linguistic or other scholarship which might have been driven by some sort of ideology, i.e., a bundle of assumptions which themselves were taken as given. At least since Edward Said's 1978 book Orientalism, it has been clear to everyone that scholars construct their conceptualization of things in line with their understanding of the cultural, social, and political world in which they live, and that this often unreflected 'pre-understanding' effects their view of cultures that are different from theirs and more often than not geographically and temporally distant from theirs. This recognition has had a sobering effect no doubt, and Said's book has long since become 'mainstream.' Much more disturbing to the scholarly profession has been the publication of Martin Bernal's Black Athena in 1987, since it went much further, going beyond accusations of colonialism and cultural bias, in suggesting that the Western representation of Classical Greece over the past two hundred years was false and that what had been accepted until now about occidental antiquity must now be seen derived from African-Asiatic cultures of the Near East, notably that of the Ancient Egyptians, and that no other than Socrates should be seen as black man. While we may understand the intellectual climate in the United States that led academics to present 'myth as history' (Lefkowitz 1996), it is obvious that lines of regular scholarly principles of investigation have been crossed (cf Lefkowitz & Rogers 1996). The present paper investigates what may be seen as the ideological underpinnings of such work. After reviewing some recent scholarship in the area of linguistic historiography that have shown that academic work has never been 'value-neutral' (as may have been assumed or has been claimed by some practitioners), it is argued that in effect one must be aware of what Clemens Knobloch has recently termed Resonanzbedarf, i.e., the desire, whether conscious or not, of scholars-and probably scientists, too-to have their work recognized by the educated public and that, in so doing, their discourses tend to pick up on contemporary popular notions. These efforts may be harmless if everyone was to recognize these allusions and adoption of certain lexical. items(buzz words) as props or what Germans call Versatzstiicke, but history tells us that this has not always been the case. Still, as Hutton (1999) has shown, not all scholarship during the Third Reich for example can simply be dismissed as worthless because it was conducted in under a prevailing political ideology. Indeed, in seemingly innocent times, linguists can be shown to frame their argument in a way that makes them appear so utterly superior to their predecessors (cf. Lawson 2001). Upon closer inspection, those discourses turn out to be much like those of scholars in nationalistic environments that have tended to select their 'facts' to prove a particular hypothesis (cf., e.g., Koerner 2001). The article argues for scholars to take a more active role in exploding myths, scientifically unfounded claims, and ideologically driven distortions, especially those that are socially and politically harmful.

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Chardin's Genre Paintings of Child Education: The Enlightenment Views on Children of the French Bourgeois Class in the 18th Century (샤르댕의 아동 교육 장르화 - 18세기 프랑스 부르주아의 계몽주의적 아동관)

  • Ko, Yu-Kyoung
    • The Journal of Art Theory & Practice
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    • no.8
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    • pp.33-58
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    • 2009
  • This paper examines four genre paintings on the subject of child education by Jean-Baptiste-Sim${\'{e}}$on Chardin(1699-1779). The Governess, The Diligent Mother, Saying Grace, and The Morning Toilette garnered critical attention after they were exhibited in the Salon from 1739 to 1741. After the exhibition, the paintings were made into prints and frequently sold to members of the bourgeois class in Paris. The iconographical details of Chardin's genre paintings have, thus far, been compared to Dutch genre pictures of the seventeenth century. Further, most studies conducted on Chardin's paintings focus on formal analysis rather than the historical and social contexts. Through attempting social-contextual readings of Chardin's educational series, this paper argues that the significance of Chardin's painting series of child education lies in his representation of the ideal French bourgeois family and the standard of early childhood education in the eighteenth-century French Enlightenment period. In each of the four child education paintings, Chardin depicted a mother with children in a domestic space. Even though this theme derives from traditional Dutch genre paintings in the seventeenth century, the visual motifs, the pictorial atmosphere and the painting techniques of Chardin all project the social culture of eighteenth century France. Each painting in the child education series exemplifies respectively the attire of a French gentlemen, the social view on womanhood and the education of girls, newly established table manners, and the dressing up culture in a 'toilette' in eighteenth century France. Distinct from other educational scenes in previous genre paintings, Chardin accentuated the naive and innocent characteristics of a child and exemplified the mother's warmth toward that child in her tender facial expressions and gesturing. These kinds of expressions illustrate the newly structured standard of education in the French Enlightenment period. Whereas medieval people viewed children as immature and useless, people in the eighteenth century began to recognize children for their more positive features. They compared children to a blank piece of paper (tabula rasa), which signified children's innocence, and suggested that children possess neither good nor bad virtues. This positive perspective on children slowly transformed the pedagogical methods. Teaching manuals instructed governesses and mothers to respect each child's personality rather than be strict and harsh to them. Children were also allotted more playtimes, which explains the display of various toys in the backgrounds of Chardin's series of four paintings. Concurrently, the interior, where this exemplary education was executed, alludes to the virtue of the bourgeois's moderate and thrifty daily life in eighteenth century France. While other contemporary painters preferred to depict the extravagant living space of a French bourgeoisie, Chardin portrayed a rather modest and cozy home interior. In contrast to the highly decorated living space of aristocrats, he presented the realistic, humble domestic space of a bourgeois, filled with modern household objects. In addition, the mother is exceptionally clad in working clothes instead of fashionable dresses of the moment. Fit to take care of household affairs and children, the mother represents the ideal virtues of a bourgeois family. It can be concluded that the four genre paintings of child education by Chardin articulate the new standards of juvenile education in eighteenth century France as well as the highly recognized social virtues between French bourgeois families. Thus, Chardin's series of child education would have functioned as a demonstration of the ideal living standards of the bourgeois class and their emphasis on early childhood education in the French Enlightenment period.

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