Is the Miranda warning, which lets an accused know of the right to remain silent, more about procedural fairness or about the conventions of speech acts and silences? Do U.S. laws about Native Americans violate the preferred or traditional 'silence' of the peoples whose religions and languages they aim to 'protect' and 'preserve'? In "Just Silences", Marianne Constable draws on such examples to explore what is at stake in modern law: a potentially new silence as to justice. Grounding her claims about modern law in rhetorical analyses of U.S. law and legal texts and locating those claims within the tradition of Nietzsche, Heidegger, and Foucault, Constable asks what we are to make of silences in modern law and justice. She shows how what she calls 'sociolegal positivism' is more important than the natural law/positive law distinction for understanding modern law. Modern law is a social and sociological phenomenon, whose instrumental, power-oriented, sometimes violent nature raises serious doubts about the continued possibility of justice. She shows how particular views of language and speech are implicated in such law. But law - like language - has not always been positivist, empirical, or sociological, nor need it be. Constable examines possibilities of silence and proposes an alternative understanding of law - one that emerges in the calling, however silently, of words to justice. Profoundly insightful and fluently written, "Just Silences" suggests that justice today lies precariously in the silences of modern positive law.

瑪麗安·康斯特布爾(Marianne constable)

美國加州大學伯剋利分校修辭學教授。主要研究領域：法律修辭學和哲學，解釋學，社會和政治思想，英美法律傳統，現代法律和社會。

主要著作

《正義的沉默：現代法律的局限和可能性》

《他者的法律：混閤陪審團和公民權、法律及知識的概念流變》

麯廣娣，中國社會科學院法學研究所博士後。