"法理"概念的意义

"法理"概念何以承载中国法理学创新发展与转型升级这一问题,并非一经"法理"概念之提出、内涵之梳理、意义之分析便可得以自解。对"法理"概念的意义理解应立基于对"法理"的现象观察。"法理"概念的意义既在于对"法理泛在"的内容描绘和对"反思""解放思想、实事求是"的方法传递,同时也在于对中国法理学体现继承性和民族性,原创性和时代性,系统性和专业性的行动倡导,是对推进中国法理学转型升级、迎接中国法学的法理时代暨"法理中国"新时代的理论自觉,对中国法理学乃至中国法学向何处去的学术回应。     

略述宋代"文人画"对"院体画"的影响

宋代绘画确立了中国绘画的审美规范,开创和丰富了中国绘画的艺术语言,形成了“文人画”和“院体画”两大绘画风格。宋代写意文人画的逐渐兴起,对当时的宫廷“院体画”产生了不容忽视的影响。     

"马克思主义中国化"的学术定位

在学术领域,国外学者对“中国化”问题的研究很早、很多,国内学术界的兴趣自90年代以来也不断增强。但学术界对马克思主义中国化问题,目前还存在许多争论,甚至在怎样“中国化”这样的基本定位问题上还没有达成共识。     

"实用理性"——对中国传统文化"实践理性"误解的辩驳

对于中国传统文化,理论界有一种倾向是以康德的"实践理性"对其进行解释,但中国传统文化有其自身的成长土壤,"实践理性"不足以作出恰当的诠释。本文力争从中国传统文化的传承中找到其确切的界定,从中国传统文化的形成背景中寻找"实用理性"的因素;并通过对比分析"实用理性"、"实践理性"对中国传统文化的诠释,证明"实用理性"是中国传统思想在自身性格上所具有的特色。     

"实事求是"是"华西发展"的灵魂

通过华西发展道路的实地考察,加深了对华西发展动力的理解,并有助于我们全面把握中国特色社会主义道路的丰富内涵。     

"中国模式"与"中国特色社会主义"的比较研究

“中国模式”与“中国特色社会主义”既相互关联,又有明显的区别。两者的形成过程和阶段相似,主要经验相似,面临的挑战相似,都源于中国社会主义现代化建设的伟大实践。但二者也存在着明显的差异,其基本含义不同、参照系不同、对世界产生影响的角度不同。所以,在今后的研究中,我们应该始终坚持社会主义的核心价值,同时加强两大研究范式之间的交流,共同推动中国社会主义事业的发展,丰富人类社会的现代化建设道路的多元探索。     

"中国特色社会主义建设者"的理论由来

“中国特色社会主义建设者”是十六大对25年中国改革中新兴社会阶层的新称谓。如何按照“三个代表”的要求,以解放思想、实事求是、与时俱进的科学态度,对这张“身份证”进行深入的理论思考和分析,对于我们理直气壮旗帜鲜明地坚持改革方向,推动我国的经济发展,早日实现全面建设小康社会的目标,不仅是必要的,而且是重要的。立足基本国情的中国特色社会主义,是“中国特色社会主义建设者”的理论由来之一从20世纪80年代开始,我党根据我国处在社会主义初级阶段的实际,提出要建设中国特色社会主义。邓小平说过,中国只能搞社会主义,“社会主义必须…     

理性视角下的"差序格局"

费孝通先生提出的＂差序格局＂目前为止仍然是对中国传统人际关系最具影响力的理论概括。从中国传统家庭、国家及社会结构中人际关系的表现出发,发掘其中的＂理性选择＂因素,力图对这一概念有新的理解：＂差序格局＂在解释中国传统社会情感纽带的同时,也概括了中国传统社会的理性特质。     

毛泽东的"国家民主化"思想与当代"中国式民主"建设

中国特色社会主义民主政治是执政党和中国人民坚定不移追求的目标。参考、借鉴古今中外的民主理论与实践，对未来中国民主政治的发展作一些探讨和设想，非常必要和有意义。毛泽东的民主观尤其是他的“国家民主化”思想对当前的“中国式民主”建设在给与指导的同时也提供了深刻的启示。     

"中国驰名商标"是怎样"酿"成的

具有二百多年发展历史的辽宁道光廿五集团,采辽西之精粮、集凌水之精华、携清代之酒魂、乘改革之东风,以其优秀的产品、周到的服务、深厚的文化、严格的管理,在激烈的市场竞争中脱颖而出,不断壮大,成为辽宁一个知名企业。从中国惟一满族酿酒工艺到中国地理标志保护产品,从非物质文化保护遗产到中国十大文化名酒,从国家唯一可饮用液体文物到吉尼斯世界纪录,这一串串闪光的足迹无不印证着道光廿五的成功与骄傲。2009年4月24日,对道光廿五集团来讲又是一个具有里程碑意义的日子。这     

Tony Blair's 'Media' Speech: The Commentators

Tony Blair's speech challenged the media over its standards in his valedictory lecture. Many of his charges about the absence of balance, attacks on motive and a pack mentality stand up, even if some are exaggerated and also applied well before his arrival in 10 Downing Street. Mr Blair's solutions did ot match his critique. What is required is a more self‐questioning media, being held to account on the internet and on specialist blogging sites. Vigorous criticism, requiring justification, is a more credible rout than tighter regulation. Tony Blair's speech on the changing pressures on the media is both interesting and convincing in its diagnosis (although generally reported in ways that did not reveal this). It is less convincing in suggestions for change: the fact that on‐line media will fall under Of‐com, and so under its minimal ‘content regulation’ will have little impact. Effective change could begin with other types of (self or other regulation). Some steps towards change might include minimal requirements for journalists and editors to accept elementary forms of accountability, such as disclosing conflicts of interest and payments made for ‘stories’. The scale of media coverage may be crucial in determining the allocation of aid, yet the attention the media pays to particular causes is arbitrary. Many serious disasters are not reported and as a consequence do not receive adequate aid, so that the victims of the crisis will lose out. Chronic long term problems, like famine, are ignored in favour of ‘sudden emergencies’. Reporting seeks sensation and simple stories which influences the way that aid agencies respond to the media. The complex background to a faraway disaster is often overlooked and not properly reported. Tony Blair's speech describing some of the news media as ‘feral beasts’ contained one paragraph which contained an insight into his views on new media. It was known that the outgoing Prime Minister was uncomfortable with some aspects of new technology but his remarks reveal a wider disappointment with how new media has failed to deliver changes which he had hoped for in political communications.This paper records Mr Blair's problems with new media and argues that by focusing on how the new technologies might provide a better way for politicians to by‐pass the traditional media he has missed the point of their wider benefits.     

The Strange Career of British Democracy: John Milton to Gordon Brown

Political debate in modern Britain has been structured by four narratives or traditions, called here ‘Whig imperialist’, ‘Tory nationalist’, ‘democratic collectivist’ and ‘democratic republican’. The Whig imperialist tradition goes back to Edmund Burke; it is a tradition of responsive evolution, flexible statecraft, genial optimism and abhorrence of dogmatic absolutes. It prevailed for most of the nineteenth century, for most of the interwar period and for most of the 1950s and early‐1960s. Its Tory nationalist counterpart is tense, rebarbative and often shrill. At its core lies a primal fear of the dissolution of authority and a collapse of the social order. Its most notable exponents include Lord Salisbury, Enoch Powell and Margaret Thatcher. The democratic collectivist tradition stresses ineluctable progress towards a just and rational society, to be achieved by a strong, essentially technocratic central state, with the power and will to replace the wasteful, unjust chaos of the market place by planned co‐ordination. Formative influences on it were the great Fabian socialists, George Bernard Shaw and Sidney and Beatrice Webb; it achieved its apotheosis under the Attlee Government of 1945‐51. The democratic republican tradition is much more inchoate: its exponents have been the awkward squad of British democracy. The most glittering stars in the democratic republican firmament were probably John Milton, John Stuart Mill and R.H. Tawney. It stresses active self‐government and republican self respect, embodied in a vigorous civil society and strong local authorities. During the ninety‐odd years since Britain belatedly acquired a more‐or‐less democratic suffrage, the first three traditions have all been tested, almost to destruction. But though the fourth has had great influence on social movements of all kinds, governments at the centre have done little more than toy with it, usually for brief periods. The great question now is whether Britain is about to experience a democratic republican moment.     

Trustworthiness: the Commentators

Mark Thompson deplores the decline in the public trust of government and of public service institutions such as the BBC. But there has also been a decline in another form of trust: government's trust in the ability of professionals such as doctors and teachers to deliver high quality public services. And, unlike Thompson's type of trust, this decline was inevitable, because it was based on untenable assumptions concerning professional motivation. The author discusses the importance of trust in an unwritten constitution, including trust in the use made of public resources, trust that appointments are being made on merit, trust that the civil service is ‘speaking truth unto power’ behind the scenes and ultimately trust that it retains the ability to serve future governments. In a world where trust in institutions is diminishing, there are still surprising levels of trust in the world of private philanthropy. The public are only too ready to give donations without seeking to question, especially in the wake of major disasters. Yet the nature of aid agencies has changed dramatically in the past thirty years into major global enterprises with sophisticated media and marketing operations. In this case a greater degree of scepticism from those who donate and paradoxically less trust might actually result in better outcomes from aid and better use of funding. Trust is critical to the mission of the FCO. The public needs to trust the competence and sound judgment of the professional diplomats. The diplomats themselves need to be able to rely on the commonsense of their fellow colleagues. Ministers and diplomats need to trust each other. And other governments need to have confidence in the discretion of their British counterparts. This is an increasing challenge in the world of instant news. Trust can be quickly lost by indiscreet or self‐serving revelations. But the key is to be as open and transparent as possible about the processes of diplomacy. A new survey commissioned by the British Journalism Review demonstrates that public confidence in journalism has collapsed over the last five years. This is particularly true for the commercial broadcasters ITV and Channel 4, whose journalism has traditionally commanded as much public esteem as the BBC. Trust in the BBC and print journalists has also declined, and journalism suffered more than any of the other 16 occupational groups being assessed. This is partly due to the cumulative effect of various “fakery” scandals that have afflicted broadcasters over the last 18 months and partly down to a more widespread cynicism directed at those in authority.     

The Language of Race

The 1991 Census form for households in Great Britain included, for the first time, a question about ethnic group. The question had nine boxes, eight for named ethnic groups and one for 'any other'. One box had to be ticked for each member of the household. Brian Klug discusses his own reaction to the (so-called) ethnic question, and explains why, as a Jew of European extraction, he did not tick the box marked White. He examines several issues raised by the ethnic question, including the following: why this question is different from other questions on the form; the definition and use of the words 'racial' and 'ethnic'; the vocabulary of colour ('black', 'white' etc.) in the language of race; the idea that 'white' is an ethnic category; the claim that the ethnic question is an instrument for combatting racism; one proposal for improving the question by removing the 'racial' components in the categories.     

Guest editor's introduction

In 1933 the army of the nascent Iraqi state launched an exterminatory attack on members of the Assyrian community who had fled to Iraq during the First World War. 'The Assyrian affair' which at the time sent shock-waves around the world has now been largely forgotten. But an examination of its origins and causation reveals much about the nature and pattern of modern genocide. Levene argues that typecasting genocide as the outcome of prejudice, racism or even xenophobia, while these may be significant ingredients, proves to be insufficient as a comprehensive explanation. Rather, these factors need to be analysed within the context of an emerging international system of nation-states. This itself may be a factor in helping to catalyse the most extreme and radically ideological responses, especially from new and untried national elites seeking to overcome perceived obstacles to their state's development and genuine independence.     

On Public Action

Abstract

This essay explores Hannah Arendt’s contribution to our understanding of the rhetorical as opposed to the aesthetic quality of public speech, with an emphasis upon her conception of opinion and glory. Arendt’s focus on the revelatory quality of public action in speech is widely understood to preclude or seriously limit its communicative aspect. I argue that this is a misunderstanding, and that accepting it would reduce speech not merely to the discussion of a sharply limited set of topics, but to no topics at all. Public action is speech that reveals the speaker as “answering, talking back and measuring up to whatever happened or was done.” Such revelatory speech is most appropriately judged by the standard of the glorious and the inglorious. Because such speech must inform as well as reveals, so does glorious or great speech rise to the level of greatness in part because of what is said, to whom, where, and how. Arendt’s understanding of this is shown to have significant parallels to the ordinary language philosophy of Stanley Cavell.     

道德规范表现形式的历史演进

道德规范的产生和形成,有着深刻的社会经济根源,是由一定的社会物质生活条件和社会关系决定的。道德规范随着社会的发展而不断发展,具有历史性和继承性。在人类漫长的道德生活中,道德规范曾有过形态各异的表现形式,大体可以概括为图腾、禁忌、礼仪、风俗、箴言、准则、义务、责任等几种主要的表现形武。道德规范表现形式的历史演进,是一个由蒙昧到理性、由自发到自觉、由低级到高级的发展过程。     

Beyond the ‘Auschwitz syndrome’: Holocaust historiography after the Cold War

ABSTRACT

The end of the Cold war has seen an explosion in Holocaust history, and some significant changes in the main historiographical explanations. The ‘return of ideology’ that began displacing the ‘functionalist’ or ‘structuralist’ dominance of the 1980s remains strong. But it is being supplemented by very detailed regional and local studies, by analyses of different experiences of ghettoization in different places, and by a focus on the widespread plunder and corruption that accompanied the killing process. This enormous attention to detail reveals that the Holocaust unfolded differently in different places; but it also demonstrates the existence of an overall framework in which all the operations took place, what we might call an ‘antisemitic consensus’. Simultaneously, historians have broadened the discussion of the Holocaust, situating it into a transnational or world-historical context of imperialism and colonialism. Stone outlines in broad brush some of these themes, and asks what effects they have had and will continue to have on Europeans' self-understanding in an age in which the post-war anti-fascist consensus has been dismantled while Holocaust-consciousness is officially enshrined into European identity.     

'Shovelling out your paupers': The British State and Irish Famine Migration 1846-50

Gray considers the determinants of British policy towards emigration (and particularly towards state-assisted 'colonization') from Ireland during the Great Famine of 184-50. He surveys the idea of 'colonization' as advocated by Charles Buller in 1843, and its varying appeal (changing over time) in Ireland, Britain and the settlement colonies of the British empire. He also considers the issue in the light of pro- and anti-Malthusian interpretations of Irish population pressure, and the emergence of the alternative idea of 'internal colonization'. Gray argues that the failure of the state to adopt an emigration policy in 1846-50 as part of its response to the Famine was the consequence of a combination of anti-Irish prejudice in Britain and the colonies (which was sharpened by the arrival of large numbers of economic refugees in 1847 and the political conspiracies of 1848), and the prevalence of an economic doctrine that prioritized the need for Irish self-help and moral transformation over state assistance. He traces the debate over colonization within the Whig government headed by Lord John Russell, and concludes that some form of assisted emigration was a feasible policy measure, and that its rejection had adverse consequences in terms of additional famine mortality.