試題詳解

三.Read the following paragraphs from an article titled "'Legal Feminism and the Emotions: Three Moments in an Evolving Relationship" (Abrams 2005: 336-337) and translate into Chinese. (20%)
(A) Scholarship on the Emotions in the Constructivist Moment Recent work on the emotions and law has continued to proliferate in the legal academy, as well as in the fields of philosophy and political theory. It has pressed in ncw directions, some of which, interestingly, reflect feminist and related critiques of enlightenment epistemology. Recent work, for example, is less focused on challenging the dichotomous hierarchical upderstanding of reason and the emotions, or the inappropriateness of emotion to the law.43 Reason and emotion are more often described as interpenetrating in effective thought or sound legal argumentation.44 More notably, emotion itself is sometimes characterized as having a cognitive element or cognitive structure. Martha Nussbauim has argued, for example, that disgust is an expression of revulsion toward those attributes that reveal our animality.45 William Miller, comparing disgust and contempt, notes the different ways that the lips curl in the physical expres sion of each； but he also distinguishes contempt and disgust on the ground that contempt connotes a superior hierarchical relation to its objects, while disgust demands their exile or abjection. 46 Second, recent scholarship refects the view that emotions (be they visceral or cognitive) are not the expression of purely interior states. They are shaped and conditioned-in their forn and in the objects to which they respond-by social understandings and practices. Cheshire Calhoun has argued, for example, that romantic love-an emotion our culture has often regarded as the last outpost of the natural-is powerfully structured, or even produced, by elaborate social scripts.47 Similarly, recent scholarship does not characterize emotion simply as being expressed, or repressed, by law. Although contemporary scholarship on the emotions still reflects accounts in which law plays an expressive role with respect to particular emotions-Dan Kahan's work on the expressive functions of the criminal law is a good example of that tendency48-more recent accounts describe emotion as acted on, modified, and brought into being by law in many different ways. Recent work by Martha Minow, for example, on legal responses to genocide and related atrocities, stresses the way in which fact-finding can channel emotions away from uncontrolled hunger for vengeance toward a more moderated desire for accountability.49 Robert Solomon describes the way that Priminal law can temper, even as it gives effect to, the desire for retribution.50 Danielle Allen, writing about ancient A thens, describes the way in which law need not simply express, but can also satisfy, anger at individual offenses against the community.51 43.