Somewhere Honda had become separated even from Iinuma. As the crowd surged by, it occurred to him that Kiyoaki himself, alive again, was caught in this same press of humanity. How wild a fancy this seemed here at midday beneath the early summer sun! He was dazzled by the excessive brightness of the mystery.
Just as sea and sky blurred together at the horizon, so, too, dream and reality could certainly become confused when viewed from a distance. But here, at least around Honda, everyone was clearly subject to the law and, in turn, guarded by the law. His role was that of a guardian of the order established by the operative law of this world. This operative law was like a heavy iron lid upon the pot in which the multifarious stew of the day-to-day world simmered.
Human beings eating, digesting, excreting, reproducing, loving and hating ... Honda reflected that these were the human beings under the court's jurisdiction. If worst came to worst they would appear before it as defendants.
They alone had reality. Human beings who sneezed, laughed, human beings who went about with absurdly dangling reproductive gear. If all human beings were like this, there was no basis whatsoever for Honda's fearful mystery. Even if a single reborn Kiyoaki might be hidden in their midst.
Yukio Mishima, Runaway Horses (55)
Showing posts with label law. Show all posts
Showing posts with label law. Show all posts
25 February 2010
13 February 2010
the morality of children's books
Broadly speaking, we can say that modern expert opinion has replaced the mutual exclusion of medical and judicial discourses by a game that could be called the game of dual, medical and judicial, qualification. This practice, this technique of dual qualification, organizes the realm of that very strange notion, "perversity," that begins to emerge in the second half of the nineteenth century and that will dominate the entire field of this double determination and authorize the appearance of a range of manifestly obsolete, laughable, and puerile terms or elements in the discourse of experts who are justified as scientists. When you go through these expert medico-legal opinions ... you are struck by terms like laziness, pride, stubbornness, and nastiness. You are given biographical elements that do not in any way explain the action in question but are kinds of miniature warning signs, little scenes of childhood, little childish scenes that are presented as already analogous to the crime. It is a kind of scaled-down criminality for children characterized by the language used by parents or by the morality of children's books. In fact, the puerility of the terms, notions, and analysis at the heart of modern expert medico-legal opinion has a very precise function: it makes possible an exchange between juridical categories defined by the penal code, which stipulates that one can only punish when there is malice or a real intention to harm, and medical notions like "immaturity," "weak ego," "undeveloped superego," "character structure," and so on. You can see how notions like those of perversity make it possible to stitch together the series of categories defining malice and intentional harm and categories constituted within a more or less medical, or at any rate, psychiatric, psychopathological, or psychological discourse. The whole field of notions of perversity, converted into their puerile vocabulary, enables medical notions to function in the field of judicial power and, conversely, juridical notions to function in medicine's sphere of competence. This set of notions functions, then, as a switch point, and the weaker it is epistemologically, the better in functions.
Michel Foucault, Abnormal: Lectures at the College de France 1974-1975 (2003: 32-33)
Michel Foucault, Abnormal: Lectures at the College de France 1974-1975 (2003: 32-33)
04 January 2010
the impersonal recipes
His father explained to Shigekuni that since all his familiarity with the law came from books, it would be extremely valuable for him to come in contact with the actual process of law in Japan and to experience it at a practical level. Justice Honda had more than this, on his mind, however. Truth to tell, his main concern was to expose his still sensitive, nineteen-year-old son to those elements of human existence that were dredged up in all their shockingly sordid reality in criminal court. He wanted to see what Shigekuni was able to draw from such experience.
It was a dangerous sort of education. Still, when the Justice considered the greater danger of allowing a young man to form his character out of an assimilation from careless popular behavior, cheap entertainment and so on, from whatever might please or appeal to his immature taste, he felt confident of the advantages of this educational experiment. There was a good chance that it would at least make Shigekuni acutely aware of the stern and watchful eye of the law. He would see all the amorphous, steaming, filthy detritus of human passions processed right then and there according to the impersonal recipes of the law. Standing by in such a kitchen should teach Shigekuni a great deal about technique.
Yukio Mishimia, Spring Snow (1990: 200)
It was a dangerous sort of education. Still, when the Justice considered the greater danger of allowing a young man to form his character out of an assimilation from careless popular behavior, cheap entertainment and so on, from whatever might please or appeal to his immature taste, he felt confident of the advantages of this educational experiment. There was a good chance that it would at least make Shigekuni acutely aware of the stern and watchful eye of the law. He would see all the amorphous, steaming, filthy detritus of human passions processed right then and there according to the impersonal recipes of the law. Standing by in such a kitchen should teach Shigekuni a great deal about technique.
Yukio Mishimia, Spring Snow (1990: 200)
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