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Hu, Lung-Lung, Senior Lecturer
Publications (7 of 7) Show all publications
Hu, L.-L. (2018). Challenging the supernatural in the Chinese traditional law: Comparison of Judge Dee and van Gulik’s translation. Law and humanities, 12(1), 52-70
Open this publication in new window or tab >>Challenging the supernatural in the Chinese traditional law: Comparison of Judge Dee and van Gulik’s translation
2018 (English)In: Law and humanities, ISSN 1752-1483, E-ISSN 1752-1491, Vol. 12, no 1, p. 52-70Article in journal (Refereed) Published
Abstract [en]

Robert van Gulik translated the detective stories of Judge Dee (Dee Gong An), however, he did not translate everything in the original text. He omitted some parts and rewrote them to suit the appetites of western readers. These parts in the translation reveal important messages regarding the translator’s evaluation of the original text.

Therefore, this present paper aims 1) to compare the translation and the original text to illuminate ideas regarding the supernatural in law; and 2) to examine whether the original text really needed to be revised by the translator or, in fact, some legal ideas in traditional Chinese law questioned by the translator have already been presented in the original text.

Place, publisher, year, edition, pages
Taylor & Francis, 2018
Keywords
Chinese legal stories, law and literature, divine justice, supernatural powers
National Category
Languages and Literature
Research subject
Intercultural Studies
Identifiers
urn:nbn:se:du-26566 (URN)10.1080/17521483.2017.1414850 (DOI)
Available from: 2017-11-20 Created: 2017-11-20 Last updated: 2018-11-13Bibliographically approved
Hu, L.-L. (2018). Truth does not Matter: Legal Storytelling in Japanese drama “Legal High 2”. In: : . Paper presented at Law and the arts in crime settings. The 19th International Roundtable for the Semiotics of Law (IRSL 2018), 23-25 May 2018, Örebro.
Open this publication in new window or tab >>Truth does not Matter: Legal Storytelling in Japanese drama “Legal High 2”
2018 (English)Conference paper, Oral presentation with published abstract (Refereed)
Abstract [en]

People expect that the truth can be revealed in a trial and the decision then is made based on the truth. However, such expectation is a fantasy because the truth has disappeared since the moment when an incident occurred. What are left about this incident are merely fragments (witnesses and evidences) that need further interpretations. Interpretations are open to possibilities; possibilities mean different stories. That is to say: there is no truth (or there are many truths) but stories; truth actually does not matter in law.

Law is asked to re-construct the truth logically, based on facts, and without being affected by what outside the law, and then a fair and just legal decision can be made. The idea of storytelling, from the perspective of literature – literary narrative, on the other end is opposite to legal narrative that: a story does not need to be true or real; a story can be as bizarre as it can get as long as it is explainable and acceptable when the story comes to law.

In a Japanese drama “Legal High 2” a black widow spider woman is accused of murdering her fiancée and his daughter. Since this woman is the only suspect and has been involved in many marriage fraudulent cases, the prosecutor proves that she is the murder based on the motivation and evidences found (the poison she bought from internet) in the crime scene. However, the defense attorney for getting this woman acquitted tells a story absolutely different from the prosecutor’s based on the same evidences.

Therefore, in this present paper I am going to discuss that: how literary narrative and legal narrative in a law drama create both legit but opposite stories that challenges the idea that law and its language is a tool used to pursue the truth based on logics and facts. And, I will compare the similarity and the difference between literary narrative and legal narrative, from the both sides of legal theory and literary theory about language, to examine the idea of “truth” in law and in literature about law.  

Keywords
Law and Literature
National Category
Specific Literatures
Research subject
Intercultural Studies
Identifiers
urn:nbn:se:du-27772 (URN)
Conference
Law and the arts in crime settings. The 19th International Roundtable for the Semiotics of Law (IRSL 2018), 23-25 May 2018, Örebro
Available from: 2018-06-06 Created: 2018-06-06 Last updated: 2018-06-07Bibliographically approved
Hu, L.-L. (2018). Truth Does Not Matter: Legal Storytelling in the Japanese Drama “Legal High 2”. International Journal for the Semiotics of Law, 1-18
Open this publication in new window or tab >>Truth Does Not Matter: Legal Storytelling in the Japanese Drama “Legal High 2”
2018 (English)In: International Journal for the Semiotics of Law, ISSN 0952-8059, E-ISSN 1572-8722, p. 1-18Article in journal (Refereed) Epub ahead of print
Abstract [en]

People expect that the truth can be revealed in a trial and the decision then is made based on the truth. However, such expectation is a fantasy because the truth has disappeared since the moment when an incident occurred. What are left about this incident are merely fragments (witnesses and evidences) that need further interpretations. Interpretations are open to possibilities; possibilities mean different stories. That is to say: there is no truth (or there are many truths) but stories; truth actually does not matter in law. Law is asked to re-construct the truth logically, based on facts, and without being affected by what outside the law, and then a fair and just legal decision can be made. The idea of storytelling, from the perspective of literature—literary narrative, on the other end is opposite to legal narrative that: a story does not need to be true or real; a story can be as bizarre as it can get as long as it is explainable and acceptable when the story comes to law. In a Japanese drama “Legal High 2” a black widow spider woman is accused of murdering her fiancée and his daughter. Since this woman is the only suspect and has been involved in many marriage fraudulent cases, the prosecutor proves that she is the murder based on the motivation and evidences found (the poison she bought from internet) in the crime scene. However, the defense attorney for getting this woman acquitted tells a story absolutely different from the prosecutor’s based on the same evidences. Therefore, in this present paper I am going to discuss that: how literary narrative and legal narrative in a law drama create both legit but opposite stories that challenges the idea that law and its language is a tool used to pursue the truth based on logics and facts. And, I will compare the similarity and the difference between literary narrative and legal narrative, from the both sides of legal theory and literary theory about language, to examine the idea of “truth” in law and in literature about law.

Place, publisher, year, edition, pages
Netherlands: Springer, 2018
Keywords
Law and literature; Court-room drama; Story-telling; Truth and justice
National Category
Specific Literatures
Research subject
Intercultural Studies
Identifiers
urn:nbn:se:du-28993 (URN)10.1007/s11196-018-9595-4 (DOI)2-s2.0-85057298455 (Scopus ID)
Available from: 2018-12-02 Created: 2018-12-02 Last updated: 2018-12-10Bibliographically approved
Hu, L.-L. (2017). Another Justice - Litigation Masters in the Chinese Legal Story. Ming Qing Yanjiu, 20(1), 165-191
Open this publication in new window or tab >>Another Justice - Litigation Masters in the Chinese Legal Story
2017 (English)In: Ming Qing Yanjiu, ISSN 1724-8574, Vol. 20, no 1, p. 165-191Article in journal, Editorial material (Refereed) Published
Abstract [en]

Ronald Dworkin offered the legal theory which is known as a “chain enterprise”. According to this theory, throughout history, judges have, collectively, created a “law” that was designed to fulfil a specific purpose. Those judges can be seen as co-authors who, together, develop a chain-story. As such they not only create freely but also are constrained by the story made by authors, in this case judges, who have come before them. The law created by Chinese traditional judges is another case: compared with the judges mentioned by Ronald Dworkin, they have relatively narrower parameters of discretion in which they may implement a legal sentence. The limited amount of discretion available to an individual judge is due to the way in which, traditionally, the legal framework has been designed. The fact that traditional Chinese law was first conceived of as a penal code leaves little room for a judge to subjectively interpret a statute. Furthermore, because law is representative of the authority of the government, i.e. the emperor, any misinterpretation will be considered as a challenge to the supreme power. Conversely, while judges are bound by restrictive parameters with regard to the interpretation of the law, a Chinese litigation master (Songshi) who wishes to receive a favorable outcome for his client must be willing to challenge a judge’s narrow interpretation of the law. Conversely, while judges are bound by restrictive parameters with regard to the interpretation of the law, a Songshi who wishes to receive a favorable outcome for his client must be willing to challenge a judge’s narrow interpretation of the law. According to Stanley Fish’s articles that question Ronald Dworkin and Owen Fiss’ ideas about law, Fish construes that, since law is made of language, law is open to interpretations that cannot be constrained by any rules or any particular legal purposes. Stanley Fish’s idea can also be applied to the analysis of the stories of Songshi in traditional Chinese literature. The legal opinions of Songshi in traditional Chinese literature can be regarded as an unexpected event that calls for revision of the standardized concept of law propagated in legal stories. Although they are not welcome, neither by the officials and nor by society, their existence is still a phenomenon representing another version of justice different from the standardized concept of justice and can be seen as a de-structural power to the government. Hence, in this present paper the language and strategy applied by Songshi in Chinese legal stories will be analysed to see how they refute legal judgments and challenge the standardized concept of justice.

Keywords
justice; Qing dynasty; legal history; Songshi
National Category
Languages and Literature
Research subject
Intercultural Studies
Identifiers
urn:nbn:se:du-23402 (URN)10.1163/24684791-12340008 (DOI)
Available from: 2016-11-17 Created: 2016-11-17 Last updated: 2017-11-20Bibliographically approved
Hu, L.-L. (2017). Back to the womb – Transdisciplinarity in Law and Literature. In: : . Paper presented at Law and literature conference 2017.
Open this publication in new window or tab >>Back to the womb – Transdisciplinarity in Law and Literature
2017 (English)Conference paper, Oral presentation with published abstract (Refereed)
Abstract [en]

“Law and Literature”, which is considered as an interdisciplinary research, assumes that “law” and “literature” are two different and autonomous but complementary disciplines. There are three strands in law and literature movement – moral uplift, hermeneutic, and narrativethat law can possibly benefit from literature. These three strands suggest that literature has something that law does not have, therefore, what literature has but law does not have presumptuously defines what literature is and what law is not. However, this claim, such as literature represents real life, more humane than law, and literary theory that can help legal interpretation have been challenged.

Law is not lifeless as described that needs to be breathed into life. The reason why law needs help from other humanities is not because law is an empty non-human machine, but because law is in fact part of humanity as literature. If law is self-sufficient and has already owned what literature claims to have exclusively, and if what literature is supposed to be is a fantasy and literature is more similar to law than people think, the boundary between law and literature seems to be blurred. Or, the difference that defines law and literature as two disciplines may have never been existed. According to which, all the differences between law and literature, may not exist by nature, but are created to compare, and to ensure and assure the idea that they are different. If the idea of discipline is ambiguous, several questions, which are also what this paper is going to discuss, will arise: 1) Do we need to change the attitude to and the methodology of Law and Literature? 2) Will the reasons of comparison and the results we want to achieve be different? 3) Why law and “literature”? For answering these questions, the author will examine the idea of interdisciplinarity, point out the misconception of literature and the similarity between law and literature, and explain why “Law and Literature” is so special among all the “law-ands,” from the perspective of the nature of language, to propose an idea of transcendence-ality of “Law and Literature.”

Keywords
Law and Literature, Transdisciplinarity
National Category
Languages and Literature
Research subject
Intercultural Studies
Identifiers
urn:nbn:se:du-26940 (URN)
Conference
Law and literature conference 2017
Available from: 2018-01-17 Created: 2018-01-17 Last updated: 2018-01-18Bibliographically approved
Thomas, J. & Hu, L.-L. (2017). Dissents and dispositions. In: : . Paper presented at Law, Literature and Humanities Association of Australasia 12-14 December 2017.
Open this publication in new window or tab >>Dissents and dispositions
2017 (English)Conference paper, Oral presentation with published abstract (Refereed)
National Category
Other Humanities not elsewhere specified
Research subject
Intercultural Studies
Identifiers
urn:nbn:se:du-26568 (URN)
Conference
Law, Literature and Humanities Association of Australasia 12-14 December 2017
Available from: 2017-11-20 Created: 2017-11-20 Last updated: 2017-11-20Bibliographically approved
Hu, L.-L. (2017). Out of Comfort Zone: Learning Chinese in Chaos. In: : . Paper presented at International Conference ICT for Language Learning 10th Edition, Florence, Italy, 9-11 November 2017.
Open this publication in new window or tab >>Out of Comfort Zone: Learning Chinese in Chaos
2017 (English)Conference paper, Oral presentation with published abstract (Refereed)
Abstract [en]

Mandarin Chinese has become a very important language global-wise, even the department of education of Sweden has made it a second language in middle and high schools, and my task as a language teacher is to help students not learn but, ideally speaking, “merge” with the Chinese to make Chinese as their own language. Therefore, how to realize this idea has been a challenge to me.

Since stage 3 courses (In stage 1 and 2 courses at DU, students, as beginners or only have learnt Chinese for one term, are taught with patterns, grammars, and phrases to speak and write structured and meaningful sentences, as well as short articles) I will ask students to do presentations and activities about some topics, which are related to but not bounded by textbook, which can stimulate students’ self-directory learning. Students, based on the learning materials in the textbook, need to learn by themselves. During such process, students will be able to apply knowledge they can find in the textbook as the pre-understanding to acquire knowledge external to the textbook and then reach a new understanding. (In Robert Han Jauss’s word: horizon of expectation) In so doing language applications based on old knowledge for describing and understanding is extended by studying new materials on their own.

 

In this presentation, I will explain my method of how I make Chinese as students’ own language by comparing two of my stage 3 courses – Oral Proficiency 3 (Debate) and Integrated Chinese 3:  in integrated Chinese 3 I utilize a psychological effect that makes students balance the feeling of being secured and the feeling of being chaotic (one course has textbook to follow they feel that everything is in control and oriented; and another course has no textbook that makes students feel that this course is chaotic even if this course may have been deliberately designed and structured). I will also explain how students, based on the balance of two contradictory feelings, are more certain, voluntary, and not intimated to deal with something beyond their reach during language activities since they have already had something in reach.

Keywords
Self-directory Learning; Horizon of Expectation; Psychological Effect; phenomenagraphy
National Category
General Language Studies and Linguistics
Research subject
Intercultural Studies
Identifiers
urn:nbn:se:du-26567 (URN)
Conference
International Conference ICT for Language Learning 10th Edition, Florence, Italy, 9-11 November 2017
Available from: 2017-11-20 Created: 2017-11-20 Last updated: 2018-01-13Bibliographically approved
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