{"title":"侮辱案","authors":"P. Werbner, R. Werbner","doi":"10.3167/sa.2019.630305","DOIUrl":null,"url":null,"abstract":"Legal anthropologists have been latecomers in the debate surrounding law and emotion, a movement responding to the notion that the law is ‘imbued with emotion’. As in the US and Europe, in Botswana cases of public insults are emotionally charged, and this is particularly so in witchcraft insult hearings. Akin to hate crimes, these insults threaten public peace, kinship amity, and decency. Members of a customary court mobilize an elaborate moral lexicon from everyday life in order not simply to ascertain the forensic facts, but to persuade offenders to regain their rational good sense, reach a self-conscious emotional balance, and recover spiritual calmness. The procedure culminates in a dialogue intended to restore public peace and to elicit an apology or show of regret from defendants and forgiveness from insulted plaintiffs.","PeriodicalId":51701,"journal":{"name":"Social Analysis","volume":null,"pages":null},"PeriodicalIF":1.0000,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"4","resultStr":"{\"title\":\"A Case of Insult\",\"authors\":\"P. Werbner, R. Werbner\",\"doi\":\"10.3167/sa.2019.630305\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Legal anthropologists have been latecomers in the debate surrounding law and emotion, a movement responding to the notion that the law is ‘imbued with emotion’. As in the US and Europe, in Botswana cases of public insults are emotionally charged, and this is particularly so in witchcraft insult hearings. Akin to hate crimes, these insults threaten public peace, kinship amity, and decency. Members of a customary court mobilize an elaborate moral lexicon from everyday life in order not simply to ascertain the forensic facts, but to persuade offenders to regain their rational good sense, reach a self-conscious emotional balance, and recover spiritual calmness. The procedure culminates in a dialogue intended to restore public peace and to elicit an apology or show of regret from defendants and forgiveness from insulted plaintiffs.\",\"PeriodicalId\":51701,\"journal\":{\"name\":\"Social Analysis\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":1.0000,\"publicationDate\":\"2019-09-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"4\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Social Analysis\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.3167/sa.2019.630305\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"ANTHROPOLOGY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Social Analysis","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.3167/sa.2019.630305","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"ANTHROPOLOGY","Score":null,"Total":0}
Legal anthropologists have been latecomers in the debate surrounding law and emotion, a movement responding to the notion that the law is ‘imbued with emotion’. As in the US and Europe, in Botswana cases of public insults are emotionally charged, and this is particularly so in witchcraft insult hearings. Akin to hate crimes, these insults threaten public peace, kinship amity, and decency. Members of a customary court mobilize an elaborate moral lexicon from everyday life in order not simply to ascertain the forensic facts, but to persuade offenders to regain their rational good sense, reach a self-conscious emotional balance, and recover spiritual calmness. The procedure culminates in a dialogue intended to restore public peace and to elicit an apology or show of regret from defendants and forgiveness from insulted plaintiffs.
期刊介绍：
Social Analysis is an international peer-reviewed journal devoted to exploring the analytical potentials of anthropological research. It encourages contributions grounded in original empirical research that critically probe established paradigms of social and cultural analysis. The journal expresses the best that anthropology has to offer by exploring in original ways the relationship between ethnographic materials and theoretical insight. By forging creative and critical engagements with cultural, political, and social processes, it also opens new avenues of communication between anthropology and the humanities as well as other social sciences. The journal publishes four issues per year, including regular Special Issues on particular themes. The Editors welcome individual articles that focus on diverse topics and regions, reflect varied theoretical approaches and methods, and aim to appeal widely within anthropology and beyond. Proposals for Special Issues are selected by the Editorial Board through an annual competitive call.
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