电影法庭:伊朗革命后电影中的法律与法庭

Bahare Ghanoon
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摘要

本文重点探讨伊朗当代电影如何表现法院。通过对 1979 年伊斯兰革命以来拍摄的伊朗电影(更确切地说,是过去 25 年的电影)进行探讨,可以发现在表现法院和法律方面出现了一个具体的转变:从理想主义的视角转变为更具批判性的视角,并最终转变为现实主义的视角。这种转变可以理解为对当代伊朗政治和社会变革的一种回应和调整。对法院的 "理想主义 "表述将其描绘成一个神圣的地方,由一名法官主持所有各方和事件,以最正义的方式解决难题,伸张正义。这种形象在 20 世纪 90 年代的电影中最为常见。在接下来的十年中,出现了一种批判性视角,其中包括言论自由、妇女权利或现代伊朗家庭结构等主题;当涉及法律和法院的作用时,电影则抨击法律制度。例如,这种 "对立表现 "将法官描绘成对某些事实一无所知,将当事人描绘成对法庭绝望而无助的人,以及其他阻碍正义得到伸张的因素,甚至更糟糕的是,导致被告成为法律制度的受害者。与此形成鲜明对比的是,几乎与此同时,"现实主义 "的电影法庭在另一组电影中被描绘出来,在这些电影中,正义只在一定程度上得到了实现。在这种表现形式中,法庭既不是神圣的,法官也不是全知全能的,当事人可以对法官隐瞒全部真相,也可以操纵法庭的判决。每一种表述都需要一套不同的叙事结构。本文展示了这些叙事是如何在伊朗电影中出现的。文章采用弗拉基米尔-普罗普(Vladimir Propp)的叙事分析模型,根据该模型,每种叙事都被划分为 "人物 "和 "功能"。利用普罗普的模型,本文确定了涉及宫廷的三大电影叙事,即 "理想主义叙事"、"对立叙事 "和 "现实主义叙事"。文章还探讨了社会发展对观众法律观念的影响,因为观众对正义的理解从虚幻走向了更细致入微的批判。
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Cinematic Courtrooms: Law and Courts in Iran’s Post-Revolution Cinema

This article focuses on how courts are represented in Iran’s contemporary cinema. Exploring Iranian movies made since the Islamic Revolution of 1979, and more precisely movies of the past 25 years, reveals a concrete transition in the representation of courts and law: moving from an idealistic to a more critical view, and eventually to a realistic perspective. This shift can be understood as a response and an adjustment to the political and social changes in contemporary Iran. The ‘idealistic’ representation of courts portrayed them as a sacred place with a judge presiding over all parties and incidents, tackling dilemmas in the most righteous way and serving infallible justice. This portrayal is found most frequently in movies of the 1990s. The next decade saw the emergence of a critical perspective that included themes such as freedom of speech, women’s rights, or modern Iranian family structures; when it came to the law and the role of courts, movies attacked the legal system. This ‘oppositional representation’ would, for example, portray the judge as ignorant of certain facts, depicting the parties as desperate and helpless against the court, as well as other factors that prevent justice from being served or, even worse, cause the defendant to fall victim to the legal system. Almost simultaneously, in contrast, ‘realistic’ cinematic courtrooms are depicted in another set of movies, in which justice is achieved only to some extent. In this representation, the bench is neither sacred, nor is the judge omniscient, with parties capable of keeping the whole truth from him and of manipulating the court’s decision. Each of these representations requires a different set of narrative structures. This article shows how these narratives have emerged in Iranian cinema. It uses Vladimir Propp’s model for analysing narratives, according to which each narrative is fractionalized into ‘characters’ and ‘functions.’ Using Propp’s model, this article identifies three major cinematic narratives involving courts, namely the ‘idealistic narrative,’ the ‘oppositional narrative,’ and the ‘realistic narrative.’ The article also investigates the impact of social developments in the audiences’ perception of the law as they move away from unreal understandings of justice towards more nuanced and critical ones.

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期刊介绍: The aim of MELG is to provide a peer-reviewed venue for academic analysis in which the legal lens allows scholars and practitioners to address issues of compelling concern to the Middle East. The journal is multi-disciplinary – offering contributors from a wide range of backgrounds an opportunity to discuss issues of governance, jurisprudence, and socio-political organization, thereby promoting a common conceptual framework and vocabulary for exchanging ideas across boundaries – geographic and otherwise. It is also broad in scope, discussing issues of critical importance to the Middle East without treating the region as a self-contained unit.
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