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• W982361723 abstract "SUMMARY This analyzing is from the White Rose movement to discuss the issue: how the social emotions influence the reform of law, why many controversies appear in the legislative process which cause the process can not pass successfully, and last what’s the significance of the White Rose movement? After analyzing the relative news and information can find that (1) In the White Rose movement, it presents violations of social reasonable expectation of the children sexual assault, bring out the demands of law reform. (2) Although emotion and social movement can promote law reform, they obstruct the reform process as well. (3) The significance of the White Rose movement not only brings us law reform, but also tells us that we can not completely remove emotion from law. Key words: White Rose movement, emotion and law reform, social movement, emotional mobilization INTRODUCTION At August 15, 2010, news reports a under-punishment case of children sexual assault, which judge gives defendant 3 years and 2 months sentence, because in the case defendant don’t violate the six-year-old child’s will, so it is not a rape. After the news reported, it aroused most people's outrage, because the judgment is too ridiculous to believe. People not only express their outrage, but also begin to propose their suggestions and try to mobilize for law reform. At September 25, 2010, people arouse the White Rose movement with several social movement organizations. After many controversies in the legislative process, law reforms pass successfully at June 15, 2011 and October 25, 2011. From this issue, I would like to discuss: how the social emotions influence the reform of law, why many controversies appear in the legislative process which cause the process can not pass successfully, and last what’s the significance of the White Rose movement? MATERIALS AND METHODS My research is a kind of case study. In order to discuss the questions of the White Rose movement and get the results that needs to collect and analyze the relative news, theories and articles. For example, the reports later August 15, 2010, it can build the background of the White Rose movement, or the theory of emotional mobilization, it can explain why people can be mobilized from the moral outrage in the White Rose movement. RESULTS AND DISCUSSION At chapter 2, I begin the analyzing from that: how social emotions arouse the White Rose movement? In this part, I find that emotions are not born in the vacuum, they will be influence by social background or people’s ideology. After knowing the sociology of emotions, I find that the White Rose movement can be aroused has other reason: present social background and emotion mobilization. They enhance the image of violations of social reasonable expectation of the children sexual assault, and bring out the demands of law reform. Finally, under the interactions of these factors lead to the White Rose movement. At chapter 3, I am focus on the controversies in the legislative process and try to find the reason: why many controversies appear in the legislative process which cause the process can not pass successfully? In this part, I find that the controversies in the legislative process are result from abstract of emotions. Because the clauses of law should be definite, so when we change the demands of abstract emotions into definite clauses of law, then will lead to the controversies. For example, what’s the range for raising the penalty of rape, or what’s age of the child victim of sexual assault can fit the factor of rape directly. Besides, social movement is the reason of the controversies as well. This is because social movement may have several factors to appeal the participants, each participant of social movement has their own reason to join the movement, and this will make the mobilization of movement successfully. But when the movement begin to deviate the participant purpose, the movement will be broken up. In the White Rose movement also has this situation, causing the controversies and obstruct the reform process. At last chapter, I would like to discuss the problem after passing the law: what’s the significance of the White Rose movement? In this part, I find that the significance of the White Rose movement is not just law passing, it bring other significance as well. For example, we can see the White Rose movement brings the mobilizations in virtual to real, help the movement to achieve. Besides, we also can see the leader of the movement is not a social movement organization, but a general person. From this, we can know that the social movement is not just the political approach for the social movement organization, people who need to reform the institution also can use this approach. And the most important is that after the White Rose movement, we can realize that removing emotion from law completely is impossible, all we can do is to find a balance between law and emotion. CONCLUSION After analyzing the relative news and information can find that: (1) In the White Rose movement, it presents violations of social reasonable expectation of the children sexual assault, bring out the demands of law reform. (2) Although emotion and social movement can promote law reform, they obstruct the reform process as well. (3) The significance of the White Rose movement not only brings us law reform, but also tells us that we can not completely remove emotion from law. Because my analyzing is a case study, so it still has some issues to debate deeper. For example, how can we know that whether law violates the present social experience and expectations? Or more empirical research to line the boundaries between law and emotion. These issues are all worth discussing in the future." @default.
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• W982361723 date "2014-01-01" @default.
• W982361723 modified "2023-09-28" @default.
• W982361723 title "白玫瑰運動之研究─從情感、社會運動與法律修正之角度切入" @default.
• W982361723 doi "https://doi.org/10.6844/ncku.2014.01149" @default.
• W982361723 hasPublicationYear "2014" @default.
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