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  • 1.
    Hu, Lung-Lung
    Dalarna University, School of Humanities and Media Studies, Chinese.
    Another Justice - Litigation Masters in the Chinese Legal Story2017In: Ming Qing Yanjiu, ISSN 1724-8574, Vol. 20, no 1, p. 165-191Article in journal (Refereed)
    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.

  • 2.
    Hu, Lung-Lung
    Dalarna University, School of Humanities and Media Studies, Chinese.
    Back to the womb – Transdisciplinarity in Law and Literature2017Conference paper (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.”

  • 3.
    Hu, Lung-Lung
    Dalarna University, School of Humanities and Media Studies, Chinese.
    Challenging the supernatural in the Chinese traditional law: Comparison of Judge Dee and van Gulik’s translation2018In: Law and humanities, ISSN 1752-1483, E-ISSN 1752-1491, Vol. 12, no 1, p. 52-70Article in journal (Refereed)
    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.

  • 4.
    Hu, Lung-Lung
    Dalarna University, School of Humanities and Media Studies, Chinese.
    Food and Law in Ang Lee’s Movie Eat Drink Man Woman – The Semiotic Father at the Chinese Dinner Table2019Conference paper (Refereed)
    Abstract [en]

    Food, which is a manifestation of culture and history, has been a symbol used to represent meanings in literature in an observable way. Ang Lee’s movie Drink Eat Man Woman (1994) illustrates generational, sexual, and cultural conflicts. The conflicts and the reconciliations are all carried out on a Chinese round-shape dinner table that makes food as an important element in this movie.

    Lao Zhu, who is a Chinese cuisine master and a widower, is not only the father of three daughters, but also plays mother’s roll at home. This special father/mother-daughter relationship shown on “the table” pushes the story forward. Lao Zhu, who cooks food to make the dinner table scenes possible, undoubtedly, is the key of this movie.

    Julia Kristeva discusses that father is not only a rigor symbolic father who represents the law, but also a semiotic father who is loving and soothing. Therefore, in this paper, I will use Kristeva’s theory to analyse Lao Zhu, as a lawful father and a loving mother at the same time, his characteristics and psychological transformations. To show how Lao Zhu interacts with other characters and functions in this movie. I will also put Lao Zhu in a larger social, historical and cultural context, which is embodied by “Chinese food”, to see how the topics – conflicts and reconciliations – in the movie are told.

  • 5.
    Hu, Lung-Lung
    Dalarna University, School of Humanities and Media Studies, Chinese.
    Out of Comfort Zone: Learning Chinese in Chaos2017Conference paper (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.

  • 6.
    Hu, Lung-Lung
    Dalarna University, School of Humanities and Media Studies, Chinese.
    The Butcher’s Wife – Limits of the Law2019Conference paper (Refereed)
    Abstract [en]

    In the 80’s, Li Ang, a Taiwanese female writer, adapted a murder case in Shanghai in 1945 into a novel “The Butcher’s Wife,” that depicts a woman who, due to her traumatized childhood and psychological condition caused by her husband and neighbours, kills her husband, a butcher, and dismembers the body the way he does pigs. The real murder case in 1945 was less sensational; however, the rumours, the newspapers, or even the legal opinions all implied that the female offender, Zhan Zhou, brutally murdered her husband and disposed of body in an inhumane way. 

    It was shocking when people learnt from media that Zhan Zhou murdered her husband, and people started to speculate about the motivation. Due to most traditional Chinese women were confined at home with no contact with others, crimes that women committed being mostly related to family, and people, under the influence of Chinese traditional literature about women as well, speculated that Zhan Zhou must have killed her husband for a lover. However, it turned out that Zhan Zhou was not engaged in any adultery, and that she, different from people’s imaginations of an adulteress, was ordinary and not attractive and seductive. It had become a mystery why a woman did not kill her husband for another man, and that why a physically weaker and mentally gentler woman committed such a serious crime.

    Li Ang’s novel tries to answer both questions, criticize the prejudices about female offenders, and offers a legal explanation, as I see it, to exonerate the butcher’s wife through a plea of insanity. However, it also strengthens a stereotypical image of female offenders that a woman who commits a serious crime, if she is not under the influence of a man or having an affair, must be mentally ill. Therefore, in this paper, I will examine the image of Zhan Zhou shaped by legal opinions and news reports, then compare it with the image depicted in “The Butcher’s Wife” to illustrate the reinterpretation of the image of a female offender who kills her husband. Furthermore, along with other real cases in which female offenders who murdered their husbands also used insanity as a defense strategy, I will explain why this novel also shows the limit of law in legal writing in literature.       

  • 7.
    Hu, Lung-Lung
    Dalarna University, School of Humanities and Media Studies, Chinese.
    The Insanity Plea in The Butcher’s Wife2019Conference paper (Refereed)
    Abstract [en]

    In 1983, Li Ang, a Taiwanese female writer, adapted a husband-killing case, which was committed by Zhan Zhou Shi in Shanghai in 1945, into the novel The Butcher’s Wife. The case is also recorded in The Hearsay in Shanghai written by Chen Ding-Shan. The Butcher’s Wife depicts a woman who, due to her traumatized childhood and psychological condition caused by her husband and neighbours, kills her husband, a butcher, and dismembers the body the way he does pigs.

     Li Ang’s novel tries to offer a legal explanation to exonerate the butcher’s wife, Lin Shi, through a plea of insanity. In this article, I will compare the case of Zhan Zhou Shi both in the media and in The Hearsay in Shanghai with The Butcher’s Wife to illustrate Li Ang's reinterpretation of the case and explain how Li Ang goes beyond the insanity pleas that strengthens a stereotypical insane image of female offenders.

  • 8.
    Hu, Lung-Lung
    Dalarna University, School of Humanities and Media Studies, Chinese.
    The Insanity Plea in The Butcher’s Wife2019In: Open Library of Humanities, ISSN 2056-6700, Vol. 5, no 1Article in journal (Refereed)
    Abstract [en]

    In 1983, Li Ang, a Taiwanese writer, adapted a case about the killing of a husband, committed by Zhan Zhou Shi in Shanghai in 1945, into the novel The Butcher’s Wife (1983). The case is also recorded in The Hearsay in Shanghai (1955) written by Chen Ding-Shan. The Butcher’s Wife depicts a woman who, due to her traumatized childhood and psychological condition caused by her husband and neighbours, kills her husband, a butcher, and dismembers the body the way he does pigs. Li Ang’s novel tries to offer a legal explanation to exonerate the butcher’s wife, Lin Shi, through a plea of insanity. In this article, I will compare the case of Zhan Zhou Shi both in the media and in The Hearsay in Shanghai with The Butcher’s Wife to illustrate Li Ang’s reinterpretation of the case and explain how Li Ang goes beyond the insanity pleas that strengthens a stereotypical image of insane female offenders.

  • 9.
    Hu, Lung-Lung
    Dalarna University, School of Humanities and Media Studies, Chinese.
    Transdisciplinarity – As Illustrated by Law and Literature in “Guoxue”2019Conference paper (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.”

  • 10.
    Hu, Lung-Lung
    Dalarna University, School of Humanities and Media Studies, Chinese.
    Truth does not Matter: Legal Storytelling in Japanese drama “Legal High 2”2018Conference paper (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.  

  • 11.
    Hu, Lung-Lung
    Dalarna University, School of Humanities and Media Studies, Chinese.
    Truth Does Not Matter: Legal Storytelling in the Japanese Drama “Legal High 2”2018In: International Journal for the Semiotics of Law, ISSN 0952-8059, E-ISSN 1572-8722, p. 1-18Article in journal (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.

  • 12.
    Thomas, Jeffrey
    et al.
    Kansas City School of Law.
    Hu, Lung-Lung
    Dalarna University, School of Humanities and Media Studies, Chinese.
    Dissents and dispositions2017Conference paper (Refereed)
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