关键词: 约翰•格里森姆;; 《最后的陪审员》; 文学; 司法; 民意

Abstract:

With the appearance of the media, the relationship between judicature and public opinion is always a problem difficult to settle. The tension and conflict abound between the formal rationality of judicature and the passion of public opinion. By means of juxtaposing fictional plots and historical facts, The Last Juror describes the interaction between judicature and public opinion in a contemporary American town, involving the reflection of the masses’ opinion, the media operation labeled with public opinion, and the jury—the direct judicial intervener originating from the masses and representing public opinion. The open judicial procedures absorb the element of public opinion, displaying vividly the process of integrating public opinion into judicature through multi-role and multi-field interaction. However, it leaves room for tyranny of the majority in judicial procedures, with excessive opening, unprotected judicial procedures, and the invasion of public opinion which is full of passion but lacking in rationality. The paper analyzes the merits and demerits of the interaction between public opinion and judicature in the novel, with the conclusion that public opinion should be allowed to be fully expressed, and there should be effective media for its incorporating into judicature. Besides, public opinion should keep its distance from judicature, and the latter should strengthen its defense system. Only in these ways can their effective interaction be guaranteed.

Keywords: John Grisham; The Last Juror; literature; judicature; public opinion