书评:隐私之后的生活:在一个监视社会中恢复民主

Kevin Walby
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Moran undertakes a detailed analysis of the challenges and processes by which these courts co-exist with cameras, including interviewing key personnel about the careful negotiations, the protocols and the processes by which open justice is facilitated. Moran’s book reminds us that judges are both people and symbols. It is written in the broader contexts of legal biography and legal life writing, diversity and social inclusion of the judiciary, and official and unofficial representations of justice (and judges) in popular and literary culture. Moran traces the shifting technologies that produce judicial images, and the changing audiences for them. Images of judges are produced, managed and consumed within specific socio-cultural moments, and they circulate in an increasingly crowded cultural domain. Moran argues that the project of improving judicial visibility is bound up with that of improving judicial legitimacy, and that this sometimes backfires (237-8). 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引用次数: 0

摘要

林德尔法官(后者是第10章的主题)以及虚构作品,如约翰·迪德法官(在第6章和第7章中进行了审查)。2009年,当新的英国最高法院成立时,翻新后的大楼里安装了摄像头。这一新管辖区的所有诉讼程序都将进行视听记录,这些记录将应要求提供给媒体和其他人。一些诉讼程序在天空新闻上进行了直播,法院于2013年推出了YouTube频道,重点关注司法摘要视频(155-6;也是第9章)。莫兰正是在这里审视公开司法、透明度以及法院与新闻媒体之间的关系。对莫兰来说,关于法庭摄像头的辩论“与关于机构透明度的辩论密切相关”(160)。莫兰详细分析了这些法院与摄像头共存的挑战和过程,包括采访关键人员,了解仔细的谈判、协议和促进公开司法的过程。莫兰的书提醒我们,法官既是人,也是象征。它是在法律传记和法律生活写作、司法机构的多样性和社会包容性以及大众文化和文学文化中对司法(和法官)的官方和非官方表述等更广泛的背景下编写的。莫兰追溯了产生司法图像的不断变化的技术,以及它们不断变化的受众。法官的形象是在特定的社会文化时刻产生、管理和消费的,它们在日益拥挤的文化领域中传播。莫兰认为,提高司法知名度的项目与提高司法合法性的项目密不可分,这有时会适得其反(237-8)。莫兰还承认,可见性并不总是透明的同义词,实现公开司法是一项持续的挑战。莫兰的作品是一个及时的提醒,也是一个邀请,通过仔细观察法官在文化上变得可见的时刻,来审视法官——作为个人和权力机构。莫兰独特的方法遵循了他自己的文化偏好——他喜欢看的节目,他欣赏的建筑——因为这也展示了他关注微小但重要的细节的惊人能力,并揭示了司法可见性通常是一场精心编排的表演。
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Book Review: Life after Privacy: Reclaiming Democracy in a Surveillance Society
Judge Rinder (the latter is the subject of Chapter 10) as well as fictional productions such as Judge John Deed (examined in Chapters 6 and 7). In 2009, when the new UK Supreme Court was inaugurated, cameras were installed in the refurbished building. All proceedings in this new jurisdiction would be audio-visually recorded, and these recordings were to be available to the media and others, upon request. Some proceedings were broadcast live on Sky News, and the court launched its YouTube channel in 2013, which focuses on Judicial Summary Videos (155-6; also chapter 9). Here is where Moran squarely examines matters of open justice, transparency, and the relationship between the courts and the news media. For Moran, debates about cameras in courts are “intimately connected to debates about institutional transparency” (160). Moran undertakes a detailed analysis of the challenges and processes by which these courts co-exist with cameras, including interviewing key personnel about the careful negotiations, the protocols and the processes by which open justice is facilitated. Moran’s book reminds us that judges are both people and symbols. It is written in the broader contexts of legal biography and legal life writing, diversity and social inclusion of the judiciary, and official and unofficial representations of justice (and judges) in popular and literary culture. Moran traces the shifting technologies that produce judicial images, and the changing audiences for them. Images of judges are produced, managed and consumed within specific socio-cultural moments, and they circulate in an increasingly crowded cultural domain. Moran argues that the project of improving judicial visibility is bound up with that of improving judicial legitimacy, and that this sometimes backfires (237-8). Moran also accepts that visibility is not always synonymous with transparency, and that achieving open justice is an ongoing challenge. Moran’s work is a timely reminder, and also an invitation, to examine judges – as individuals and as an institution of power – by scrutinizing the moments when they become culturally visible. Moran’s idiosyncratic approach follows what must be his own cultural preferences – the shows he enjoys watching, the architecture he admires – as it also displays his striking ability to pay attention to small yet significant details and reveals that judicial visibility is often a carefully choreographed performance.
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