ABSTRACT

This chapter examines voyeuristic photographs made in Japan evidence of peeping to explore the conflation of intimacy, disclosure and pleasure. The chapter argues that voyeurism is both an effect and a technique of open justice. It explains that voyeurism shows us how, where pleasure is taken in the intimacies or humiliations of others, some of the dignity of law's participants might be preserved by looking discreetly, or peeping. While some voyeuristic practices are intrusive and unwelcome, this chapter also explores the possibility that peeping might inform some jurisprudence of open justice, enabling law to be done openly and in public however, ensuring that sensitivities or intimacies are revealed safely. The chapter uses Yoshiyuki's photographs, and the Japanese context in which they were taken, to illustrate how Anglophone notions of open justice might be understood through a discourse of voyeurism.