This essay sets out to search for an equivalent Chinese word to the English word ‘justice’ in classical Chinese language, through ancient Chinese philosophical texts, imperial codes and idioms. The study found that there does not seem to be a linguistic sign for ‘justice’ in classical Chinese, and further, yi resembles ‘justice’ in some ways and has been used sometimes to translate ‘justice’, but yi is a complex concept in traditional Chinese philosophy with multiple meanings and it is dissimilar to ‘justice’ in their semantic and pragmatic meanings in Chinese and English legal culture. While ‘justice’ is a keyword and fundamental to Western law, yi is not a legal word or concept in classical Chinese in traditional China. Given its complexity, yi does not have a one-to-one equivalent in English. It sometimes carries a sense of ‘righteousness’ and occasionally ‘justice’, but yi and ‘justice’ are not equivalent. In view of these, it becomes understandable that the translations of yi in contemporary Chinese usage vary ranging from ‘friendship and justice’ to ‘greater good’, among others. The meaning of yi is still uncertain and context sensitive as it was two thousand years ago.
相似文献This article explores how and why contemporary nationalist ‘defence leagues’ in Australia and the UK invoke fantasies of law. I argue these fantasies articulate with Carl Schmitt’s theory of ‘nomos’, which holds that law functions as a spatial order of reason that both produces and is produced by land qua the territory of the nation. To elucidate the ideological function of law for defence leagues, I outline a theory of law as it relates to (political) subjectivity. Drawing on the work of Foucault, Agamben and Brown, I demonstrate how subjects form and are formed by historically contingent relationships to law in the contemporary neo-liberal moment. Turning to Lacan, I show how nationalistic invocations of law provide nationalists with a fantasy that the nation’s law represents them and holds them together (as the nation itself). Similarly, I argue that nationalists imagine that the other has their own law as well, which not only corresponds to the other, but functions as a legible index of the other’s otherness—a metonym for the threatening uncertainty and radical difference that the other represents. Drawing on Lacan’s concept of the big Other, I ultimately argue that nationalists aggressively (re)assert law not only to defend the nation, but to ensure their own symbolic and ontological security therein.
相似文献There are important studies that have directly focused on how, in times of conflict, it is possible for previously law abiding people to commit the most atrocious acts of cruelty and violence. The work of Erich Fromm (Escape from Freedom), Hannah Arendt (Eichmann in Jerusalem), Zygmunt Bauman (Modernity and the Holocaust) and Ernest Becker (Escape from Evil) have all contemplated the driving force of aggression and mass violence to further our understanding of how people are capable of engaging in extreme forms of cruelty and violence. This paper specifically addresses these issues by focusing on C. P. Taylor’s play Good. This provocative play examines how a seemingly ‘good’ and intelligent university professor can gradually become caught up in the workings of the Third Reich. Taylor highlights the importance of appreciating how people can be steadily incorporated into an ideologically destructive system. I argue that the theatre is a powerful medium to explore these complex issues. The audience of Good find themselves confronted with the following question—‘What would you have done?’
相似文献The assimilation of the architectural sign to the linguistic one, is the way that allow us to analyze the architectural element of the city, according to the symbolic and conventional way, but giving to the architectural sign an iconic value that we could read through reconstruction of city in films. It is possible if we consider city as artwork seen according to the definition of Lynch. There is a temporal and special dimension, the urban dimension, which would otherwise not be ‘visible’ to the naked eye or perceivable with hearing. City as an artwork can be read for more reasons, through the cinema in the translation of an architectural semiotics that finds a double correspondence of Urbs and Civitas, in the real building of the city and in its re-construction. In this contest, some Italian movies of Rossellini, De Sica, Antonioni, for example, beyond the traditional interpretations, can give us indications about the moments and ‘points’ of collapse that we can find in ‘signs’ and ‘singular points’. It’s in these points that we found the signs of evolution, breakdown and collapse of relationship between Urbs and Civitas.
相似文献This essay addresses the legal meanings of the phrase hefa quanyi (lawful or legitimate rights and interests), an important Chinese legal phrase that is frequently found in many Chinese laws and legal documents, and whose interpretation is claimed by various scholars to affect the alienability of people’s rights. It first challenges the existing translations of the phrase into Italian and English. It secondly delves into its history and etymology, studying the legal meanings that the phrase has had in the various texts of the Constitution of China. It is suggested that hefa quanyi is not the semantic and legal equivalent of Western ‘rights and interests’, but rather that the phrase retains its etymological meaning of ‘power and negatively-connoted profit’. It is further argued that the adjective hefa (lawful) in the phrase is used to impose constraints on the rights and interests that the Chinese people are entitled to.
相似文献In his “non-narrative” film Koyaanisqatsi (Hopi for ‘life in imbalance’) Godfrey Reggio documents the ecologically disastrous ‘imbalanced’ life in modern, industrialised mega-cities. In the film, he seems to mourn the loss of what he suggests was a more ‘balanced’ form of life, when Man was one with nature. This contribution draws on elements in Hopi culture and reads Reggio’s iconic film as part of a cultural trend in which submission, in all its guises, is no longer accepted. In this cultural trend submission always is submission to code (that is: to a certain structured solidity or ordered coherence), and therefore, to wasteful destruction and to ‘life in imbalance’. This trend has, however, in the course of the decades, also spawned a void of “Luciferian” desires of absolute sovereignty, and has done this to such an extent as to undermine the conditions of possibility for anything like a non-submissive life ‘in balance’ to endure.
相似文献John Rawls’s thesis that a certain package of basic liberties should be given lexical priority is of great interest for legal and political philosophy, but it has received relatively little defense from Rawls or his supporters. In this paper, I examine three arguments for the thesis: the first is based on the two ‘moral powers’; the second, on the social bases of self-respect; and the third, on a Kantian notion of autonomy. I argue none of these accounts successfully establishes 1) the distinct claim of lexical priority, 2) for the complete package of basic liberties (including the fair value of the political liberties), on the basis of reasons that are appropriately public. In turn, I propose an alternative argument, in support of those two claims, based on the social or ‘relational’ conception of equality.
相似文献Fear of crime may develop in response to crime specifically (the narrow pathway) or may be a projection of broader threats (the broad pathway). New approaches are needed to examine how crime and threat, independently and in combination, influence people’s fear. To address this need, we created, evaluated, and validated an image set that varied across the dimensions of threat and crime.
MethodWe used a 2 (Threat: high vs. low) × 2 (Crime: high vs. low) within-subjects factorial design. In three studies, participants (N = 24, 29, and 176, respectively) gave threat, crime, and fear ratings towards images. Participants also completed two traditional fear of crime measures and a measure of anxiety. Two evaluation studies explored the suitability of 178 images to produce a final set of 80 images (20 in each of the four categories). We validated this final set of 80 images in a third study.
ResultsThe validated Crime and Threat Image Set (CaTIS) contains 78 images across four categories: threat-and-crime (high-crime, high-threat), threat-only (low-crime, high-threat), crime-only (high-crime, low-threat), and neutral (low-crime, low-threat). There were significant main effects of threat and crime, and an interaction between Threat × Crime, on participants’ fear ratings. Participants’ own ratings of threat—but not crime—had a strong relationship with their fear ratings.
ConclusionsThreat had a stronger influence on participants’ fear ratings than crime. Thus, what is typically referred to as fear of crime may reflect broader fear. Further research with the CaTIS could explore the expression of this fear.
相似文献This study examined elder mistreatment victims’ experiences at the beginning of the COVID-19 pandemic, focusing on their COVID-19 awareness and unmet needs. San Francisco Adult Protective Services (APS) caseworkers conducted phone interviews with clients or collaterals (client’s family, trusted other, or service provider) to inquire about clients’ awareness of COVID-19 and unmet needs. Nine-hundred-and-thirty-four (71%) of 1,313 APS’ past clients or their collaterals were interviewed, with 741 (79%) responding positively to COVID-19-awareness questions, and 697 (75%) having no unmet needs. Binary logistic regression with Firth adjusted maximum likelihood estimation method revealed that older persons (p?<?.05), self-neglectors (p?<?.05), and victims of neglect (p?<?.05) were less aware of COVID-19. Unmet needs varied by mistreatment type. Victims of isolation were more likely to have medical needs (p?<?.05), while victims of emotional abuse were more likely to report loneliness (p?<?.001). Case notes reflected clients who were well-prepared for the pandemic, versus those who required additional assistance to follow preventative measures of the COVID-19 pandemic to stay home. Although the majority of San Francisco APS’ past clients experienced no unmet needs at the beginning of the COVID-19 pandemic, the prolonged length and intensity of the pandemic could have exacerbated this vulnerable group’s situation. Collaboration between service providers is key in assisting victims experiencing unmet needs to live safely in a public health crisis, especially underserved victims of specific ethnic backgrounds.
相似文献On a Parfit-inspired account of culpability, as the psychological connections between a person’s younger self and older self weaken, the older self’s culpability for a wrong committed by the younger self diminishes. Suppose we accept this account and also accept a culpability-based upper limit on punishment severity. On this combination of views, we seem forced to conclude that perpetrators of distant past wrongs should either receive discounted punishments or be exempted from punishment entirely. This article develops a strategy for resisting this conclusion. I propose that, even if the perpetrators of distant past wrongs cannot permissibly be punished for the original wrongs, in typical cases they can permissibly be punished for their ongoing and iterated failures to rectify earlier wrongs. Having set out this proposal, I defend it against three objections, before exploring how much punishment it can justify.
相似文献This article provides a critical reading of the judgments of The Hague District Court and especially The Hague Court of Appeal in the case of Mothers of Srebrenica v. the State of the Netherlands, which concerned the liability in tort of the Dutch State for facilitating the massacre of Bosnian Muslims in 1995. It engages with the courts’ considerations regarding the attribution of conduct to the State in UN peacekeeping operations, the extraterritorial application of human rights treaties, the State obligation to prevent genocide, and the State’s liability for damages. While not fully agreeing with the courts’ argumentation, the author concludes that the judgments contribute to the refinement of the law and practice of State responsibility in respect of wrongful acts committed in complex multinational peace operations.
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