维护劳动者生命的伦理学框架分析

近些年,涉及劳动者生命道德问题的事件不断发生,劳动者的生命无论是其神圣性、质量还是生命的价值都面临严峻的挑战.事件的发生有其深刻的伦理社会根源,分析其中存在的问题,构建有利于劳动者生命尊严的伦理学框架是一项重要工作.     

我国劳动基准实施中存在的问题及对策研究

我国劳动基准实施中存在着劳动者的生命健康权、生存权以及休息休假权等肆意遭受侵害的现象,探询其中存在的深层次原因,并积极寻求扭转我国劳动基准实施困境的对策,实属重要。     

试析社会主义劳动者的价值问题

劳动者的价值能否得以实现,它是社会主义经济发展中一个极为重要的问题。确立正确的劳动者价值观念,充分调动劳动者的积极性和创造性,提高劳动者的主体地位,就能把劳动者吸引到社会主义现代化事业中来。劳动者的价值包括个人的社会价值与个人的自我价值。只有确立劳动者的地位,实现社会的公正、公平,才能实现劳动者社会价值与自我价值的统一。     

论劳动关系与劳动者的全面发展

人的全面发展是马克思主义的重要组成部分,是全面建设小康社会的本质要求和总的目标。劳动关系是劳动者全面发展的依托和社会载体,协调劳动关系,推进劳动者全面发展是工会的价值取向。     

从排斥到促进：中国高龄劳动者就业规制的反思与转型

由于传统"孝老"文化的老龄观、劳动力市场和社会保险体制的二元化、计划经济时代国家强制退休制度的影响,我国立法和司法层面排斥高龄劳动者就业,否定他们的劳动者主体资格,存在就业年龄歧视,并违反劳动法的实质正义价值。美国、韩国和日本等国家制定了高龄劳动者就业保障的法律法规,以促进高龄劳动者就业。但由于不同国家人口结构和雇佣体制的差异,导致规制路径和制度设计存在较大差异。随着人口老龄化的加剧以及积极老龄化国家战略的确立,中国对高龄劳动者就业规制应该由排斥向促进转型。研究认为,可以采取将高龄劳动者纳入劳动法保护的范围之内、通过立法允许雇主在劳动条件方面对高龄劳动者进行合理的差别对待、建立高龄劳动者基准就业比例、修改《失业保险条例》以覆盖高龄劳动者等措施来促进中国高龄劳动者就业。     

服务期违约金的适用范围和法律定性

我国《劳动合同法》虽然明确了对用人单位和劳动者双方签订的服务期可以适用违约金条款,但是关于服务期违约金的规定,却存在适用范围过于狭窄,不符合实践的问题。现有规定中的服务期违约金更多体现出损害赔偿金性质,缺乏惩罚性。虽然是本着保护劳动者的宗旨进行了这样的规定,但是从实践效果和理论分析来看,却与立法者的初衷相违背,偏离了对劳动者倾斜保护的轨道。因此,需要更新服务期及其违约金立法理念,对现有服务期具体法律规范进行完善,以满足劳动者的需求,提升劳动者劳动力价值,平衡用人单位和劳动者的权利义务,真正达到保护劳动者的目标。     

工会在实现体面劳动中的新使命

经济全球化使劳动世界面临新的机遇和挑战.国际劳工组织为促进对劳动者权益的保护,提出并倡导实行体面工作,得到国际社会的广泛支持.关注民生,让广大劳动者实现体面劳动,是坚持以人为本的内在要求,是时代精神的具体体现,也是尊重和保障人权的重要内容.工会在实现体面劳动中肩负着新的使命,特别在改善广大劳动者的劳动条件、劳动收入、劳动保障、生活质量等方面要发挥重要作用,让广大劳动者更多分享经济社会发展成果.     

土地关联:家园依托与社会保障——新型工资劳动者角色规定及价值选择的基本条件

新型工资劳动者的身份具有二重性 ,其职业是工人 ,社会身份仍是农民。农民的“家园意识”以及他们承包的土地所具有的保险意义规定了他们的社会角色 ,并对他们的价值选择发生重要影响。割断新型工资劳动者同家园与土地的联系是必然的趋势 ,其根本途径是继续深化改革。     

谈劳动关系市场化过程中劳动者权益保障的几个问题

劳动关系市场化使劳动关系的双方作为独立的经济主体,在劳动力市场上及生产过程中,通过博弈来实现各自的经济利益。在此博弈中劳动者处于弱势,劳动者权益受到损害。保障劳动者权益,应当充分保障劳动者的话语权,保障劳动者获得充分的劳动力价值补偿,保障劳动者参与企业利润分享的权利,以及充分发挥工会组织的维权作用。     

企业工资分配的国家干预

国家对工资的干预不仅是劳动者权益保护的需要,也是国家维护自身权益的需要.共同利益的存在使得劳动者与用人单位之间有了良好合作、相互理解与利益协调的可能,这是国家干预企业工资分配不应该忽略的社会现实.在劳动力市场供大于求的前提下,劳动者个人与企业进行工资协商往往处于弱势地位,这就需要国家对企业劳动者的工资分配进行干预.国家对企业工资分配的干预可以分为直接干预和间接干预.国家立法对工资的构成、具体范围和底线标准进行规范是可行和合理的.     

Introduction to queer circuits: Critical performance and digital praxis

This introduction situates the articles making up this special issue within four thematic clouds, positing queer theorization as broadly relevant for critically engaging with computational technologies and culture. These sub-themes offer suggestions for future queer inquiry and praxis and reflect key terms in performance studies and queer theory that have undergone transformation with the ubiquity of digital technology.     

Women,Science and Culture: Science in the Nineteenth-century Periodical

The Victorian periodical press offers unique insights into many diverse areas of nineteenth-century experience, and the complex relations between gender, science and culture in particular, yet it has been consistently marginalized as a primary resource in academic study. The Science in the Nineteenth-century Periodical (SciPer) project at the universities of Sheffield and Leeds is creating a new point of access to a wide range of non-specialist periodicals across the century by means of a fully searchable electronic index. By detailing the entire contents of each journal, and not just those articles that have a clear scientific relevance, it becomes clear that science formed a fundamental and integral part of nineteenth-century culture. The electronic index, moreover, will include hypertext cross-reference links that will allow the user to identify a dialogic pattern of encounters between ostensibly diverse articles, rather than only to browse in a simple chronological mode. By adopting this innovative approach, the SciPer database will reveal the manifold intertextual relations between the fictional works of women writers like Elizabeth Gaskell and the scientific articles that often appeared in the pages of the same magazines, and will show that writers of both sexes and across several different genres actively engaged in vibrant interdisciplinary debates concerning scientific issues in a forum provided by the periodical. Although the SciPer database itself is not specifically focused on issues of gender, the index will include several periodicals aimed explicitly at a female readership and, by providing access to titles still rarely utilized in modern scholarship, it will offer further insights into the important contemporary debates about women and science, as well as the more subtle ways, in which gendered imagery was employed within scientific discourse. This article details some critical findings from Punch , The English Womans Domestic Magazine , Cornhill Magazine and the Review of Reviews .     

The Liquefaction of Desire: Music,Water and Femininity in Victorian Aestheticism

This article reconsiders Victorian images of mermaids and sirens through a detailed examination of two images: Frederic Leighton's Lieder ohne Worte (1861, oil on canvas, Tate Britain) and Edward Burne-Jones's The Depths of the Sea (1886, oil on canvas, private collection). It demonstrates that the themes of water, music and femininity were entwined in the Victorian imagination, by setting these two paintings within the context of Victorian artistic, literary and cultural production. It shows that musical images were prevalent in the emerging Aesthetic movement. Musical subjects freed artists and audiences from the conventions of narrative interpretation, and allowed them instead to concentrate on exploring mood and colour.

Pictures of mermaids add a further twist to the Aesthetic preoccupation with music. This article reveals that mermaids made explicit the underlying connection between musical performance and sensuality. It also suggests that the idiosyncratic depiction of the mermaid by Burne-Jones and the ambiguous sexuality of Leighton's figures could be read as symptomatic of changing conceptions of desire. It argues that these images embodied the shift from ardour to libido. In other words, love was no longer described as burning and fixed, but as fluid and shifting. This transformation in the way desire was theorised was most urgently presented in Freud's Three Essays on Sexuality (1905). However, this article suggests that the same ideas were being made visible in Aesthetic art and writing from the mid-nineteenth century.     

Carnal teachings: raunch aesthetics as queer feminist pedagogies in Yo! Majesty's hip hop practice

This essay puts forward a notion of “raunch aesthetics,” theorizing raunch as an aesthetic, performative, and vernacular practice: an explicit mode of sexual expression that transgresses norms of privacy and respectability. Raunch aesthetics describe creative practices that often blend humor and sexual explicitness to launch cultural critiques, generate pleasure for minority audiences, and affirm queer lives. The author activates her formulation of raunch in analyzing Yo! Majesty, a hip hop group comprised of black female emcees who openly describe their sexual desire for women, and explores how the queer youth of color she works with have responded to their music. Working beyond the unexamined moralisms that give critiques of raunch culture their legitimacy, the author argues that Yo! Majesty's raunch aesthetics transmit queer and feminist teachings. While celebrating carnal pleasures, these artists critique heterosexism, subvert narratives about the incompatibility of belief in Christ and queer sexualities, and trouble notions concerning the emancipation of coming out of the closet and declaring a stable homosexual identity. In demonstrating how raunch aesthetics generate consciousness raising, the author discusses how her youth participants critically read and consume hip hop while negotiating unwieldy meanings of sexuality and gender presentation.     

Feminism, Aestheticism and the Limits of Law

This article seeks to identify and address the normative void that resides at the heart of postmodernist-feminist theory, and to propose a philosophical framework – beyond postmodernism, but incorporating its central insights – for thinking through the normative questions with which feminists are inevitably confronted in their engagements with positive law. Two varieties of postmodernist-feminism are identified and critically analysed: the ‘corporeal feminism’ of Elizabeth Grosz and Judith Butler, which seeks to ground feminist critical practice in the irruptive capacities of the material body considered as an arte fact of social construction; and the deconstructionist feminism of Drucilla Cornell, for whom ‘the feminine’ is an indeterminate but disruptive force beyond its construction in law and in other social sites. The first component of the argument elaborated here is that each of these approaches ultimately reduces to a form of aestheticism which is incapable of generating a worthwhile and workable feminist approach to the restructuring of politics and law. The second component of the argument involves a return to aesthetics, in particular to the philosophical aesthetics of Kant’s Critique of Judgement. Kant’s aesthetic philosophy, it will be suggested, yields a framework of concepts which, duly re-manipulated, could speak to the very concerns that have inspired postmodernist-feminism: how to attend to (bodily) particularity while avoiding the dangers associated with ‘essentialism’; and how to theorise the propensity of the unrepresentable power of the feminine to exceed both embodied human capacities and the confining rein of socially privileged rationalities. Crucially, however it also responds to a set of preoccupations – those of the feminist lawyer – that cannot be accommodated by postmodernism: how to translate embodied experience into (legal) norms; generalise from the particular; seek consensus; and codify an endless potentiality in the form of law. This revised version was published online in July 2006 with corrections to the Cover Date.     

The Unexpected: Bionic Woman at the Millennium

Wilfred Bion's A Memoir of the Future provides a point of departure for feminist thinking about the millennium. Bion problematizes hopes for the future and associates thought with catastrophic change. Women play an unexpected role in Bion's experimental autobiography, posing provocative questions and unsettling the status quo . Since Bion has little to say about women in his clinical writings, A Memoir sheds light on his thinking and on the post-Kleinian culture of the 1970s. Book I of A Memoir depicts a class- and sex-nightmare played out between men and women, and women and women, in an age of anxiety whose setting appears to be the fascist 'pacification' of Middle England during an unspecified period. In this hallucinatory drama, all encounters are reduced to a brutal fiction of dominance and submission. The violence of the action suggests the primitive mental world of psychosis. Book II of A Memoir satirizes 'the brilliance of masculine thought' through the voices and criticisms of women. But this is the purgatorial movement of Bion's autobiography, inhabited by 'idées mères' (untransformed beta-elements) and haunted by the ghosts of Bion's traumatic war-time experience. A monstrous plot is hatched to kill primitive, fascistic Man, who retaliates and takes the female spoils. Is this the prelude to catastrophic change? Book III stages a country-house debate between different characters who represent aspects of Bion's personality, recapitulating the concerns of his later writing. The debate includes a meditation on childbirth as compared to war trauma, but Bion takes his distance from feminine intuition or common sense. Women fight on both sides of the barriers in the Bionic revolution - becoming, however, figures for the 'unexpected' and precursors of emotional upheaval. The gendering of millennial thought in Bion's Memoir provides an opportunity to scrutinize our own unthought fantasies of change.     

Guessing in the Gaps

The genesis of this conversation was the forthcoming new Penguin edition - under the general editorship of Adam Phillips - of the works of Freud. Mark and Phillips consider the concept of a 'literary' Freud alongside the 'scientific'or 'clinical' Freud, and discuss the related issues of translation, representation and interpretation, particularly as they bear on psychoanalytic writing. Adam Phillips's relationship to the institutions of psychoanalysis is considered, and the perpetuation of these institutions through the training of psychoanalysts and psychotherapists. Also discussed is the project of psychoanalysis: the nature of psychoanalysis as a therapy as well as a body of ideas. Mark and Phillips make reference to the work of Freud, Lacan, Klein, Winnicott and Laplanche, and to concepts such as the 'enigmatic signifier' and 'transgenerational haunting'.     

The Between

Thinking with this special issue's group of feminist thinkers – some artists and others scholars – this introduction makes a strong case for co-authorship and a more collaborative humanities, while also insisting that the couple form – that stalwart object of queer and feminist theory – is neither a known quantity nor an exhausted entity, but rather, a field ripe for analysis. Situated squarely within performance studies, this introduction pivots away from questions of ontology and toward method and performativity, in order to ask: what modes of intellectual practice, erotic exchange, political work, and aesthetic experimentation happen uniquely within couple forms, in their most capacious and non-self-same iterations? What queer and feminist work can they do? What, in other words, is possible in the infinity, if indeed it is an infinity, between one and two?     

Provoking Polemic – Provoked Killings and the Ethical Paradoxes of the Postmodern Feminist Condition

The argument that the provocation defence is adeeply sexed excuse for murder and should beabolished is often dismissed as polemical. Thisarticle challenges this subordinating strategyfavoured by the law of provocation's apologistsand continues to make the case againstprovocation. Drawing on a range of theoreticalapproaches to questions related to polemic,anger, and ethics, it strives to valorisefeminist and queer anger about provocation'svictim-blaming narratives, while remainingcognisant of poststructuralistproblematisations of both law and law reform.