「國家正義」面對「私人正義」
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Date
2011-06-??
Authors
劉文彬
Liu Wen-bin
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Journal ISSN
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Publisher
國立台灣師範大學歷史硏究所
National Taiwan Normal University Department of History
National Taiwan Normal University Department of History
Abstract
在科西嘉社會，族間仇殺是一種原始的法律制度和賠償的正義，它在缺乏強有力的公權力時，發揮制裁反社會行為之作用，但仇殺行為畢竟與法治社會之精神無法契合。過去一百多年間，法國政府為消除科西嘉族間仇殺所採行的政策，常因政府更迭而反覆無常，缺乏一套長遠且深思熟慮之對策，故法治遭遇之難題，如「集體責任」原則之爭議、法官不公正、陪審團遭施壓、證人作偽證、司法制度失靈、政要或執法者涉案等，均無法解決。科西嘉之暴力犯罪率乃居高不下，對法國「法治國家」之形象形成一大諷刺。法國政府若能從延長省長任期、改善司法結構、降低宗族影響力、防範農村犯法之肇因等方面著手，或許能解決科西嘉「私人正義」挑戰「國家正義」之問題。
In the society of Corsica, vendetta is an ancient judicial system and justice of compensation. It has the function of punishing the anti-social behaviors whenlack of a public power. Vendetta, however, is unacceptable in a society ruled by law. For the past one hundred and several years, the policies adopted by thoseFrench governments to eliminate vendetta had failed due to the rapid change of the ruling governments and the lack of some long-term and deep-thinkingsolutions. Thus, they couldn’t solve the difficulties they encountered like the controversy on collective responsibility, the partiality of judges, the underpressuredjury, the perjury of the witness, the dysfunction of judicial system, and the involvement of politicians or law-executors in crimes. As a result, the crimerate in Corsica is very high, which is a sarcasm to the “state of law” image of France. If the French government could adopt the following measures, whichwere: expanding the tenure of governors, ameliorating the judicial structure, decreasing the influence of clans, and preventing of the causes of crimes invillages, they could probably solve the problem of “personal justice” challenging “state’s justice”.
In the society of Corsica, vendetta is an ancient judicial system and justice of compensation. It has the function of punishing the anti-social behaviors whenlack of a public power. Vendetta, however, is unacceptable in a society ruled by law. For the past one hundred and several years, the policies adopted by thoseFrench governments to eliminate vendetta had failed due to the rapid change of the ruling governments and the lack of some long-term and deep-thinkingsolutions. Thus, they couldn’t solve the difficulties they encountered like the controversy on collective responsibility, the partiality of judges, the underpressuredjury, the perjury of the witness, the dysfunction of judicial system, and the involvement of politicians or law-executors in crimes. As a result, the crimerate in Corsica is very high, which is a sarcasm to the “state of law” image of France. If the French government could adopt the following measures, whichwere: expanding the tenure of governors, ameliorating the judicial structure, decreasing the influence of clans, and preventing of the causes of crimes invillages, they could probably solve the problem of “personal justice” challenging “state’s justice”.