Reconciliation within the Frame of International Law and Feminist Perspectives
被引:0
|
作者:
Nah, Yoonkyeong
论文数: 0引用数: 0
h-index: 0
机构:
Yonsei Univ, Dept Anthropol, Seoul, South KoreaYonsei Univ, Dept Anthropol, Seoul, South Korea
Nah, Yoonkyeong
[1
]
机构:
[1] Yonsei Univ, Dept Anthropol, Seoul, South Korea
来源:
KOREAN JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW
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2016年
/
4卷
/
01期
关键词:
feminism;
Jon Van Dyke;
voices;
voiceless;
Korea-Japan reconciliation;
D O I:
10.1163/22134484-12340068
中图分类号:
D9 [法律];
DF [法律];
学科分类号:
0301 ;
摘要:
Unlike law that seeks to determine the legality of behaviors, feminists endeavor to ask whose voices remain un/heard. This is because the voices of the weaker, the poorer, and the have-nots are usually unheard in 'objective' law. Regarding the 'present' conflicts between Korea and Japan that stem from Japan's annexation of Korea, international law seeks to determine the legality of the annexation; accordingly Japan's position is that her predatory behavior was within then-existing international law. International law back then however was not signed onto by most weaker states and the law was unilaterally applied to rationalize the predatory behaviors of stronger states, in which neither were heard the voices of weaker states nor conflicts formulated. In this regard, feminist perspectives suggest that when dealing with conflicts between unequal states in that era, international justice is realized when the law pursues the voices of the unheard, rather than legality.
机构:
Indiana Univ, Robert H McKinney Sch Law, Law, Bloomington, IN 47405 USA
Indiana Univ, Robert H McKinney Sch Law, Bloomington, IN 47405 USAIndiana Univ, Robert H McKinney Sch Law, Law, Bloomington, IN 47405 USA
Mohapatra, Seema
Wiley, Lindsay F.
论文数: 0引用数: 0
h-index: 0
机构:
Amer Univ, Coll Law, Law, Washington, DC 20016 USA
Amer Univ, Coll Law, Hlth Law & Policy Program, Washington, DC 20016 USAIndiana Univ, Robert H McKinney Sch Law, Law, Bloomington, IN 47405 USA
Wiley, Lindsay F.
JOURNAL OF LAW MEDICINE & ETHICS,
2019,
47
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: 103
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115