论书法笔力之美

本文认为笔力美是书法美的重要内涵,是书法成为审美对象的关键所在。其原因在于:笔力可使书法艺术充满活跃的生机、流贯的生意、显示生命的活力。另外笔力造成的气势能引起人们相应的心理反应,产生特定情感的体验。古人总结的“锥画沙”、“印印泥”、“折钗股”、“屋漏痕”等等笔法,主要是从笔力美的创造这个角度提出来的。笔力可以表现为互相对照的不同特色的美,又可通过相互间的渗透、包含、配合呈现出多变而谐调的美。     

法意美鉴

笔者认为,法律是调整社会有序运行的行为规范;法律本身是真的,它也是美的,美可启真,美亦储善;法具有和谐之美的形式美和寓意之美、人文之美的实质美。     

试论美的本质

目前美学界关于美的本质,有一种观点认为“美是人的本质力量的对象化”,或日“美是对象化了的人的本质力量”,“美是人的本质力量对象化的形象表现”。这种观点规定美的本质是以人、人的因素、人的意志为转移的。笔者不敢苟同。     

执法美的艺术与公平正义

什么是法律?这是一个古老而十分难以解释清楚的问题,法律长期以来一直被人们认为是刻板而严酷的。人们对法律的依赖多是被动的,消极的。法律的美,与执法美的艺术也无从谈起。在我们看来,好的法律充满着真善美,就法律本身而言,我觉得有以下几点:一是法律自身的美,比如严慎的语言透析着规则冷峻的、凉爽的美,这种美就像冷美人,它使人既享受着冷峻的、凉爽的美。又使人在美中仰幕着美,使人在感知法律的傲慢和冷峻以及在傲慢和不好亲近中渴望     

论文化与教育的三种境界

从文化哲学维度审视真、善、美关系。人类文化史的历史进程可以分为“善美”、“真美”、“美真善统一”三种境界或历史阶段。在这三个历史阶段中，人类文化和文化成分之一的教育均各具特色，而文化与教育的最高境界在于以美为体的真、善、美的统一。     

“美的”商标图案版权纠纷案的几个法律问题

１９８０年５月，美的公司贴出“街招”，公开征集注册商标图案，并表示入选者将获得一台风扇。“街招”贴出后，应者众多，经评选，邵某创作的“美的”图案入选。随后，美的公司给付邵某一台风扇。１９８１年，美的公司以自己的名义将“美的”图案向国家商标局申请商标注...     

论“美的”商标图案版权纠纷案中的法律问题

1980年5月，美的公司贴出“街招”，公开征集注册商标图案，并表示人选者将获得一台风扇。“街招”贴出后，应者众多，经评选，邵某创作的“美的”图案人选。随后，美的公司给付邵某一台风扇。1981年，美的公司以自己的名义将“美的”图案向国家商标局申请商标注册而获批准，核准使用的产品为台扇。此后，美的公司又将该商标扩展使用到空调机、开关等产品上。事隔十多年，1997年12月，邵某以美的公司未经其许可擅自使用“美的”商标图案，侵害其著作权为由向法院起诉，请求美的公司停止侵权并赔偿经济损失150万元。该案已由广东省高级人民法…     

摆脱美的诱惑——典型研究的新出路

本文针对目前典型理论研究中以“典型”涵盖美的倾向,提出以下不同观点:“典型”是一个价值范畴的概念,不能与“形象”这个存在范畴混同;“典型”与“美”是两个不同价值范畴的概念,二者虽有交叉,但不能相互涵盖;“典型”只是文学价值系统中的一个子系统,它侧重于认识价值。文章最后认为,只有摆脱“美”的纠缠,把“典型”放在价值系统中考察,才能真正确定典型的本质和地位。     

论科技管理中的审美智慧

由于政治权力的把控,现代科技管理日益异化和疏离人性。而提升科技管理水平的途径之一就是从审美智慧入手,培养管理者的审美素质,拓宽其审美境界,克服管理中的审美缺失;使其关注科技美学、管理艺术;实施"寓管于乐"的审美理念。把审美之花看做智慧与身心的合体,让其自然绽放,以消除科技管理的异化,将科技人员变成真正的审美主体和人的自由对象、欲望对象和审美对象。让科学家拥有更多的实践、精力、热情和冲动去自由地感受美、发现美、雕琢美、维护美和创造美,将美的理念变成感性的显现,将美的精神和意识外化为美的现实;将主观美推进到客观美,最终创造出辉煌伟大的科技成果和科技作品。     

浅析环境艺术设计中美的标准

通过对设计的本质和美的本质两方面的探讨和分析,本文认为设计美的标准为满足需要和适应变化。环境艺术设计是在空间环境中的设计,人的行为知觉上的美的体验要在空间中完成。环境艺术设计中美的标准同样要考虑满足需要和适应变化两条基本要求,并且更需要考虑人的需要的多样性和人本身的多样性,以及人的变化、自然环境和社会环境的变化对设计的影响。     

The violence of silence: some reflections on access to information, public participation in decision-making, and access to justice in matters concerning the environment

The proposition put forth in this paper is that whether—and the extent to which—harm or potential harm to the environment (its natural resources, living beings, and their ecosystems) is identified, resisted, mitigated, or prevented is linked to the nature and scope of public access to information, participation in governmental decision-making, and access to justice—which are often referred to as “environmental due process” or “procedural environmental rights.” Using examples in the United States of attacks on law school clinics and denial of standing in court, this paper argues that restrictions on public access to information, participation in decision-making, and access to justice create legacies and “cultures of silence” that reduce the likelihood that future generations will be willing and able to contest environmental harm.     

Generosity: No Doubt, but at Times Excessive and Delusive

One of the ways in which the artificial languages of mathematics are “generous”, that is, in which they assists the advance of thought, is through its establishment of advanced operatory structures that permit an even further advance of intuition. However, this generosity may be delusive, suggest ideas which in the longer run turn out to be untenable. The paper analyses two cases of “honest generosity”, namely a “proof” of the sign rule “less times less makes plus” from the 1340s and a result in partition theory obtained by Euler by means of rash manipulations of infinite series and products, case-Cantor’s introduction of transfinite numbers from 1895-and (in modern terms) a failed attempt to extend the semi-group of algebraic powers into a complete group, also from c. 1340. Gewöhnlich glaubt der Mensch, wenn er nur Worte hört es müsse sich dabei wohl auch was denken lassen Goethe, Faust I, 2565-2566 He gives the kids free samples because he knows full well that today’s young innocent faces will be tomorrow’s clientele Tom Lehrer, “The Old Dope Peddler”      

Creating the Reasonable Child: Risk,Responsibility, and the Attractive Nuisance Doctrine

In common law, trespassers could not sue for injuries. In the early 1870s, however, courts exempted child trespassers injured by industrial machinery from this rule. The development of the hotly contested “attractive nuisance” doctrine illustrates turn‐of‐the‐twentieth‐century debates about how to allocate the risk of injury from industrial accidents, which linked responsibility to the capacity to understand danger and to exert self‐control. Although at first courts in attractive nuisance cases perceived children as innocent, irrational “butterflies,” they gradually reconceived child plaintiffs to be rational, risk‐bearing individuals, a change reflected and accelerated by the Safety First campaign launched by railroad corporations. This reframing of children's ability to bear risk created the standard of the “reasonable child,” which transferred responsibility for industrial accidents to children themselves. Although by the 1930s the attractive nuisance doctrine had been widely accepted, in practice the “reasonable child” standard posed a difficult hurdle for child plaintiffs to overcome.     

Lawyers for God and Neighbor: The Emergence of “Law as a Calling” as a Mobilizing Frame for Christian Lawyers

Drawing on movement framing, collective identity, and mobilization scholarship, this article examines the emergence and potential effects of framing “law as a calling” for the Christian Lawyering community. The article finds that the term should have strong resonance and salience in the broader Christian community. It also finds that because of its interpretive malleability, “law as a calling” has been discussed and actualized in three related, but distinct, ways. That is, “law as a calling” has been conceptualized as requiring Christian Lawyers to turn inward, turn outward by pursuing social justice, and turn outward as a culture warrior. The article argues that while the different interpretations of “law as a calling” address a range of needs required to mobilize potential and existing Christian L/lawyers, the different ideological factions of self‐identifying Christian Lawyers emphasize different understandings of “law as a calling.”     

专家参与刑事司法的多元功能及其体系化

从1979年刑事诉讼法颁布至今,专家参与我国刑事司法的制度功能变得开放而多元。专家制度功能的多元化,根源于刑事司法的三重逻辑:弥合法律人与专家之间知识鸿沟的“认知逻辑”;落实公检法机关“分工负责,互相配合,互相制约”原则的“权力逻辑”;保障当事人合法权益与实现控辩平等的“权利逻辑”。从结构主义与整体主义的视角看,当前,刑事专家制度存在明显的体系化缺陷,主要表现为专家制度过度权力化、专家制度功能尚未结构化、专家制度不够规范化。改进刑事专家制度,应当采取体系化路径:首先,将多元专家参与模式调整为鉴定人与专家辅助人二元专家模式;其次,彰显专家制度的“权利逻辑”,矫正过度权力化倾向;最后,构建系统化的专家制度,为专家服务刑事司法创造制度条件。     

Reflections on Punishment from a Global Perspective: An Exploration of Chehtman’s The Philosophical Foundations of Extraterritorial Punishment

In this review essay, I offer reflections on three themes. I begin by exploring Alejandro Chehtman’s expressed methodological commitments. I argue that his views move him closer to Lon Fuller and away from the thin accounts offered by HLA Hart and Joseph Raz. Moreover, to make sense of his views, he must offer a more normatively robust theory of law. Second, I turn to his use of Raz’s theory of authority. I argue that Chehtman fails to distinguish between Raz’s views and his own, but more importantly, I maintain that his discussion of Raz is superfluous: in the course of “unpacking” Raz’s views, he leads us back to his own core theses. Finally, I explore Chehtman’s ability to deal with perennial worries that plague any attempt to offer a justification for International Criminal Law in general, and the International Criminal Court in particular (i.e., “victor’s justice”, “show trials”, “peace vs. justice”). I argue that unless Chehtman is able to demonstrate that the enforcement of International Criminal Law is able to impart dignity and security on the most vulnerable, his account will be significantly weakened.     

Using sketchnoting as a revision aid with forensic students

The concept of Sketchnoting was first introduced by Mike Rhode as a means of capturing information in a visual form using a combination of the visual and words. Within Higher Education a Sketchnote can be used to record or summarise key points from a body of information using a combination of words, simple pictures, layout and graphics. Creating a Sketchnote allows a student to be able summarise key facts from a presentation, journal article, book or practical session in a visual manner that is easier to recall at a later time.This research looks at the use of Sketchnoting as a form of interactive revision during class time. Students undertaking a 1st Year Forensic Science module at (Teesside University) University were asked to Sketchnote their learning after each hour of lecture time to form a visual representation of the lecture content in order to create a visual revision aid for their upcoming examination. The process of Sketchnoting combines both verbal and visual information for improved recall – the students are listening to the lecture then visually representing what they learn.The resulting Sketchnotes were shared each week via a class Padlet, this also allowed the academic to add formative feedback in the form of further information about the evidence type represented. The students were also able to keep their individual Sketchnotes and form a revision “book” from them. Students described the task as “Helpful”, “Refreshing” and “Creative” with approximately half the class stating they would be using this as a future revision process for exams. A preliminary analysis of the exam results demonstrated a marked increase in the lower grade boundaries for the group of students who undertook the Sketchnoting exercise.     

“Fitting in” and “opting out”: exploring how law students self-select law firm employers

In this paper we draw on interviews with 15 law students at the University of Birmingham in the UK to explore the extent to which law students critically self-evaluate themselves against their perceptions of the preferences of elite law firms. While our conclusions are necessarily tentative, we show how some law students “opt out” of applying to certain law firms where they perceive there is no fit between themselves and that law firm. Equally, our data also shows that some students recognise that, despite not having a supplementary fit with a firm (i.e. they can see that they do not “match” that firm’s current crop of lawyers or what they think is the firm’s culture), they realise that they can instead be a complementary fit for the firm, and hence realise that their potential to add something “new” to the law firm (by way of increasing diversity) can secure them a vacation scheme placement or a training contract. Finally, a proportion of students play “the numbers game” and despite determining a law firm “misfit”, still proceed to apply to as many law firms as possible as they thought that more applications meant a higher chance of success.     

The Image of the Hyper City

Since the nineteenth and twentieth century, information has been pivotal both in the cultural tradition and then in the economic tradition. While the Fordism economic model and its specialisation requirements originated a simplistic zoning and single-use development approach to the design of a city. It, however, determined a fragmented growth of cities. Inevitably, the zoning as an urban strategy affected the architectural scale. Nevertheless, the idea of information, commercial goods and thereby people freely able to flow through the city allowed architects and urban designer to conceive new types of urban infrastructures. For example, trains, which were designed on the model of urban “arteries and veins.” Over time, the persistence of urban and architectural segmentation has strengthened social and economic inequalities among urban society. In addition, information has played a more vital role in this strengthening process. The technological achievements of the twenty-first century such as information technologies have significantly affected cities. The new informational patterns have provided new ways of designing, and in turn how societies experience cities. These “quantified cities” consist of digital data that dynamically interacts with “quantified human beings.” Consequently, a renewed urban semiotics is established, which is built around an alternate sociological comprehension. Is this new urban semiotics able to heal an ill and divided urban body? The paper will investigate a new concept of “quantified city” based on the notion of “Hyper-Reality,” and its inhabitants who are entering in a “post-human” condition while living in a dynamic urban environment. In particular, the critical analysis will be used as a “tool” for redefining the perception of the city (i.e., the image of the Hyper City) through inhabitants’ (post-humans’) relational patterns which are technologically mediated (i.e., Google Maps, Uber, Instagram, etc.). The more traditional notion of urbanisation is questioned with a focus on how the an urban society is embedded within the digital condition and the notion of a city.

     

Identities,Boundaries, and Accounts of Women Methamphetamine Users

Drug users often define themselves as functional users and depict others as dysfunctional (i.e. junkies). Previous research on the social identities of drug users has focused on the symbolic boundaries they create to distance themselves from stigmatized others. Investigators have yet to focus on how users account for their own boundary violations. Here, we examine the narratives of 30 former women methamphetamine (meth) users to determine how they make distinctions between functional and dysfunctional meth users (i.e. “meth heads”). The distinctions they make are based on users’ abilities to maintain control of their lives and to hide their use from outsiders. Those who saw themselves as functional but who engaged in behaviors inconsistent with this image accounted for these behaviors to maintain desired identities. We show the complexity of drug users’ identities and illustrate how anti-drug campaigns that provide grotesque caricatures of drug users may prolong drug using careers.