Justice, Emotion, and Belonging

Legal Consciousness in a Taiwanese Family Conflict

Bibliographic Data

ID4085758
AuthorsHui-Ting Wang (0000-0002-5320-5769, corresponding author)
Year2019
Volume53
Issue3
Pages764-790
Publication date2019-09-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueLaw & Society Review (JOURNAL)
Journal identifiersISSN: 0023-9216 • E-ISSN: 1540-5893
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1111/lasr.12422
OpenAlexW2964289842
LanguageEN
Citations received23
References cited74

This case study of a family conflict in Taiwan explores how legal consciousness is emotionally driven, intersubjective, and dependent on relational factors that are deeply connected to an individual's perception of the self-other relationship and affinity therein. As the members of the Lee family negotiated emotionally on issues involving elder care and inheritance, their adoption of law was at times absent, at others influential, but always shaped by certain Chinese concepts such as zìjǐrén (自己人), which constitute the emotional complex of belonging in Taiwan. This cultural patterning identifies a person as included, accepted, and respected by the group and when in conflict, is the driving force behind a disputants' pursuit of an identity that places them on moral high ground as a form of justice. Rather than depending on rational decision making or legal norms, their legal consciousness was determined by the sense of self, rectitude, emotion, and subjectivity

Aesthetics · Consciousness · Economic Justice · Epistemology · Identity (music · Inheritance (genetic algorithm · Legal consciousness · Perception · Political science · Sociology · Subjectivity · Chinese history and philosophy · Law · Law in Society and Culture · Multicultural Socio-Legal Studies · Psychology · Social Psychology

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