美国总统眼中的宪法及其启示新论——以美国总统的施政演说为分析范本

分析美国总统的宪法观,不仅有重要的实践意义,而且有着多方面的理论价值。美国总统在施政演说中对宪法的论述与他们在就职演说中对宪法的论述,既有相同点,也有不同点,能给我们多方面启示,其中很重要的一点是更加注重宪法思维。这既要求明晰宪法思维的含义,又要求反思宪法角色。     

美国总统眼中的宪法及其启示（下）——以美国总统就职演说为分析范本

美国总统在就职演说中所体现出来的宪法观能给我们多方面启示,最重要的是必须更加注重并想方设法在全社会培养宪法信仰。因为美国总统的宪法观,最集中地说明了他们普遍具有宪法信仰,而这又在根本上受到美国社会宪法文化的深刻熏陶,是美国社会普遍具有宪法信仰的一个缩影。借鉴美国总统具有宪法信仰的表现与原因,在我国全社会培养宪法信仰,既要格外重视宪法,又要维护宪法权威,还要加强宪法教育。     

美国总统的任期

罗纳德·里根在本届美国大选中,击败了民主党总统候选人沃尔特·蒙代尔,当选为第51届美国总统.按照美国宪法规定,当选总统的任期从总统选举年的第二年的1月20日中午开始.届时,将在美国国会大厦的台阶上,举行隆重的总统宣誓典礼,并由美国最高法院首席法官监誓.总统的誓言是:“我庄严宣誓:我一定忠实执行合众国总统职务,竭尽全力维护、保护和捍卫合众国宪法.”宣誓典礼后,当选总统通常要发表就职演说,概述本届政府的方针和政策.     

美国总统限任制的思想和实践研究

美国是世界上第一个实行总统制的国家,宪政视野下的总统限任制便始于美国。总统限任制启蒙于托马斯.潘恩对君主制、终身制和世袭制的批判。1787年制宪会议前后,美国对总统任期及能否连选连任问题进行了深入讨论,最终宪法正文未规定总统限任制。华盛顿、杰斐逊等做出榜样,任满两届,即告退休,形成了"总统任期不超过两届"的先例。1933年至1945年,罗斯福连续四次担任总统,打破了这一先例。1947年,美国国会通过宪法第二十二条修正案,复活了"总统任期不超过两届"的传统,该修正案于1951年最终生效。这样就把华盛顿、杰斐逊创立的先例制度化、法律化了。总统限任制对于约束行政权力的不当扩张、巩固民主制度以及维护人民自由具有重要意义。     

历任美国总统就职趣事

在美国，当选总统要进行的程序是：宣誓就职、发表就职演说和举行庆祝总统就职的游行。然而，尽管美国历史上已经产生了55届总统，但就职仪式并不是总能够按照既定程序进行。翻开美国历史，回顾过去历任美国总统的就职典礼，人们会发现其中有许多的“经典”片断。     

美国总统克林顿怎么打民事官司

克林顿怎么打民事官司，近来已成为叛国全国性话题。琼斯女士控告一九九一年克林顿未当总统之前，利用州长职权性骚扰她，要求民事赔偿。在任总统因就任之前行为而受控诉，在美国历史上是头一遭。克林顿的打官司策略，不仅影响他本人权益，也会形成重要的宪政前例，已引起美国各界各抒己见。代表克林顿一方提出了“适度有限的总统豁免论”，作为法律防御的第一道防线。他们认为总统职位和责任太重要。为了保护总统执行公务能力，不受到莫名其妙的一些官司牵累，应该按民事官司的性质，分别加以处理。在可以延期审理，而又不损及涉案当事人立…     

美国总统就职典礼的闹剧

按惯例，美国新任总统都要举行以下程序：宣誓就职、发表就职演说、民众举行庆祝总统的就职游行。整个仪式隆重而热闹，然而总是会出现这样或那样的尴尬场面。     

美国总统的继任

1787年美国宪法最初文本规定:“如遇总统免职、死亡、辞职或丧失履行总统权力和责任的能力时,总统职务应移交副总统.国会得以法律规定在总统和副总统两人免     

美国宪政带给人类什么

在人类宪政进程中,美国宪法和宪政实践有着极大的影响力,本文攫取了美国几个极具有经验意义的创举,探讨一个国家如何真正地实现宪政。制定行之有效的宪法、保证权力的制衡,以及培养适应民情的宪政文化,这是促进宪政发展的必要条件。     

美国总统与国会的相互关系——兼论资产阶级的三权分立学说

<正> 在美国的政治学说中,习惯上几乎都把三权分立当作是一种主要的立宪原则。美国宪法最杰出的解释者和制订者之一麦迪逊(美国第四届总统)写道:"在我们的宪法中,在任何民主的宪法中,最神圣不可侵犯的立宪原则莫过于立法权、行政权和司法权分立的原则了。"三权分立的原则被认为是保证"有限统治"、联邦制、"法律至上"这样一些政治哲学和法     

Immigration,intermarriage and the changing face of Europe in the post war period

In this article we compare the propensity to intermarry of various migrant groups and their children who settled in Germany, France, England, Belgium and the Netherlands in the post-war period, using a wide range of available statistical data. We try to explain different intermarriage patterns within the framework of Alba and Nee's assimilation theory and pay special attention to the role of religion, colour and colonial background. We therefore compare colonial with non colonial migrants and within these categories between groups with ‘European’ (Christian) and non-European (Islam, Hinduism) religions. First of all, religion appears to be an important variable. Migrants whose faith has no tradition in Western Europe intermarry at a much lower rate than those whose religious backgrounds correspond with those that are common in the country of settlement. The rate of ethnic endogamous marriages in Western Europe are highest in Hindu and Muslim communities, often regardless if they came as guest workers or colonial migrants. Whereas differences in religion diminish the propensity to intermarry, colour or ‘racial’ differences on the other hand seem to be less important. This is largely explained by the pre-migration socialisation. Furthermore, the paper argues that the attention to institutions, as rightly advocated by Richard Alba and Victor Nee, needs a more refined and layered elaboration. Institutions, often as barriers to intermarriage, do not only emanate from the receiving society, but also—be it less formalized—within migrant communities. Especially religions and family systems, but also organized nationalist feelings, can have a profound influence on how migrants think about endogamy. Finally, strong pressures to assimilate, often through institutionalized forms of discrimination and stigmatization, not only produce isolation and frustrate assimilation (with resulting low intermarriage rates), but can also stimulate assimilation by 'passing' mechanisms. These factors, together with a more comparative perspective, are not completely ignored in the new assimilation theory, but—as this study of Western European intermarriage patterns stresses—deserve to be included more systematically in historical and social scientist analyses.     

What similes in Sāṃkhya do: a comparison of the similes in the Sāṃkhya texts in the Mahābhārata, the Sāṃkhyakārikā and the Sāṃkhyasūtra

In Sāṃkhya similes are an important means to communicate basic philosophical teachings. In the texts similes are frequently used, especially in the Sāṃkhya passages in the Mahābhārata, in the Sāṃkhyakārikā and in the Sāṃkhyasūtra. This paper compares the similes in these three texts and analyses changes in the philosophy as revealed in the similes. A comparison of the similes of Sāṃkhya texts produced over more than one thousand years reveals changes in the emphasis in this philosophical system. The purpose of the similes in the Sāṃkhya passages of the Mahābhārata is to produce an intuitive understanding of the separateness of puruṣa and prakṛti. The similes are designed to lead the listener to understand this basic dualism. In the Sāṃkhyakārikā the most difficult issues are the relationship between prakṛti and puruṣa and the idea of prakṛti working for the salvation of puruṣa. One whole chapter of the Sāṃkhyasūtra is devoted to similes.     

Best practices for structuring a family court parenting plan evaluation under the 2022 AFCC Guidelines

Evaluation appointment orders provide enforceable scaffolding for conduct of family court parenting plan evaluations, and use of the evaluator's reports, feedback, file, and testimony. Unlike a contract, a stipulated or adjudicated appointment order is directly enforceable by the family court. It unambiguously positions the evaluator as the family court's appointee – answerable directly to the court and, in some jurisdictions, protected by quasi-judicial immunity from damages claims. A well-crafted appointment order governs the roles and expectations of the court, the evaluator, the parties, the lawyers, and the collateral witnesses. An appointment order mandates the legal duties, rights, powers, and responsibilities of the professionals, the parties, and the collateral witnesses. At minimum, an appointment order articulates the legal basis for the appointment, the purpose and scope of the evaluation, compensation of evaluator, and the duty of the parties to participate in the process. A written evaluation protocol or procedures statement discloses in advance the methods of investigation and assessment that the evaluator intends to use. Together, the appointment order and written protocol help the evaluator, lawyers, parents, and judge manage the complexity of the evaluation process.     

Preventing Homelessness for System‐Involved Youth

Too many youth and young adults find themselves on the streets, couch‐surfing with friends, in emergency shelters or worse, after exiting the child welfare and juvenile justice systems. In some circumstances, youth have had court hearings until their exit from the legal system, but those hearings have not focused on long‐range plans of youth and emergencies youth may encounter. In other circumstances, there has been little or no planning prior to discharge, especially for young people who leave the juvenile justice system. Courts can and should prevent, alleviate or end youth homelessness for youth who appear before them through strategies that are enumerated in the recently‐passed NCJFCJ resolution. This article expounds on three of these strategies – coordinating transition and re‐entry plans, insisting on effective legal representation of youth, and utilizing sound judicial leadership. It also describes the concurrent efforts of the Coalition for Juvenile Justice and the American Bar Association's Homeless Youth Legal Network to remove legal barriers and improve outcomes for youth and young adults experiencing homelessness.     

Illumination,Imagination, Creativity: Rājaśekhara,Kuntaka, and Jagannātha on <Emphasis Type="Italic">Pratibhā</Emphasis>

Sanskrit poeticians make the visionary faculty of pratibhā a necessary part of the professional poet’s make-up. The term has a pre-history in Bhartṛhari’s linguistic metaphysics, where it is used to explain the unitary perception of meaning. This essay examines the relation between pratibhā and possible theories of the imagination, with a focus on three unusual theoreticians—Rājaśekhara, Kuntaka, and Jagannātha Paṇḍita. Rājaśekhara offers an analysis of pratibhā that is heavily interactive, requiring the discerning presence of the bhāvaka listener or critic; he also positions pratibhā in relation to Bildung (vyutpatti) and practice. For Kuntaka, pratibhā, never an ex nihilo creation by a poet, serves as the basis for the peculiar forms of intensified insight and experience that constitute poetry; these may also involve the creative scrambling and re-articulation of the object in terms of its systemic composition. At times, Kuntaka’s pratibhā comes close to a strong notion of imaginative process. But the full-fledged thematization of the imagination, and of pratibhā as its support and mechanism, is best seen in the seventeenth-century debates preserved for us by Jagannātha. A link is suggested between the discourse of poetic imagination in Jagannātha and similar themes that turn up in Indo-Persian poets such as Bedil.     

The Brahman and the Word Principle (Śabda)

The literature of Bhartṛhari and Maṇḍana attention in contemporary times. The writings of the prominent linguistic philosopher and grammarian Bhartṛhari and of Manḍana, an encyclopedic scholar of later seventh century and most likely a senior contemporary of Śaṅkara, shape Indian philosophical thinking to a great extent. On this premise, this study of the influence of Bhartṛhari on Maṇḍana’s literature, the scope of this essay, allows us to explore the significance of Bhartṛhari’s writings, not only to comprehend the philosophy of language, but also to understand the contribution of linguistic philosophy in shaping Advaita philosophy in subsequent times. This comparison is not to question originality on the part of Maṇḍana, but rather to explore the interrelationship between linguistic philosophy and the monistic philosophy of the Upaniṣadic tradition. Besides excavating the role of Bhartṛhari writings on the texts of Maṇḍana, analysis this will reveal the interrelatedness of the Advaita school of Śaṅkara often addressed as ‘pure non-dualism’ (Kevalādvaita) and the Advaita of Bhartṛhari, identified as ‘non-dualism of the word-principle’ (Śabdādvaita).     

<Emphasis Type="Italic">Anyathākhyāti</Emphasis>: A Critique by Appaya Dīkṣita in the <Emphasis Type="Italic">Parimala</Emphasis>

In this paper, the problem of illusory perception, as approached by the Nyāya and Advaita Vedānta schools of philosophy, is discussed from the standpoint of the Parimala. This seminal work belonging to the Bhāmatī tradition of Advaita Vedānta was composed in the sixteenth century by the polymath Appaya Dīk?ita. In the context of discussing various theories of illusion, Dīk?ita dwells upon the Nyāya theory of anyathākhyāti, and its connection with jñānalak?a?apratyāsatti as a causal factor for perception, and closely examines if such an extraordinary (alaukika) perception is tenable to explain illusory perception. He then proceeds to point out the deficiencies of this model and thereby brings to the fore the anirvacanīyakhyāti of Advaitins as the only theory which stands scrutiny.     

Technology transfer perspectives in globalising India (drugs and pharmaceuticals and biotechnology)

The paper briefly outlines the status of technology transfer related issues in drugs & pharma and biotechnology sectors in India. The paper also outlines the contemporary business strategies including R&D and technology transfer models. The study indicates that present technology transfer policies and mechanisms are weak and need to be restructured. The current fiscal incentives and tax concessions etc. available for R&D in industry seem to have outlived and are no longer attractive because of continuous lowering of tariff rates and tax rates in the context of WTO and liberalization of policies. Moreover, the issue of R&D support to industry is not covered in the WTO as in case of subsidies. Therefore, it is advisable for the government to revisit the existing promotional measures for R&D. FDI policies also need to be tailored to encourage Technology transfers and capability building. Recommendations are made for making Technology Transfer more effective for the growth and competitiveness of the industry. A technology transfer management model is suggested.      

The Realism of Universals in Plato and Nyāya

It has become commonplace in introductions to Indian philosophy to construe Plato’s discussion of forms (εἶδος/ἰδέα) and the treatment in Nyāya and Vaiśeṣika of universals (sāmānya/jāti) as addressing the same philosophical issue, albeit in somewhat different ways. While such a comparison of the similarities and differences has interest and value as an initial reconnaissance of what each says about common properties, an examination of the roles that universals play in the rest of their philosophical enquiries vitiates this commonplace. This paper draws upon the primary texts to identify the following metaphysical, epistemological, semantic and soteriological roles that universals play in the philosophy of Plato and of Nyāya and Vaiśeṣika:

Metaphysical: causal of the existence of x Metaphysical: constitutive of the identity/essence of x Epistemological: cognitively causal (i.e. of the cognition of one over many) Epistemological: epistemically causal (i.e. of knowledge of x) Semantic: necessary condition of speech and reason Epistemological: vindicatory of induction (Nyāya only) Metaphysical: explanatory of causation (Nyāya only) Soteriological: cathartic contemplation (Plato only)

These roles provide us with motivations or reasons to believe that universals exist. As we examine these motivations, we find pressures mounting against our assimilating Platonic forms and the universals of Nyāya and Vaiśeṣika in the discourse about common properties. It is especially when we appreciate the utterly different contribution that universals make in securing our highest welfare that we realize how Plato and the two sister schools are not so much talking somewhat differently about the same thing, but talking somewhat similarly about different things. This better understanding of this difference in these philosophies opens a route for our better understanding of their unique contributions in the ongoing dialogue of philosophy.     

The Descent of Power: Possession,Mysticism, and Initiation in the Śaiva Theology of Abhinavagupta

This paper surveys the key terms śaktipāta and samāveśa (both of which refer to religious experience) in the primary sources of Tantric Śaivism over several centuries of textual development, building up a theory as to their range of meanings. It specifically focuses on their usage by Abhinavagupta (Kāshmīr, 10th century) by presenting a complete translation of chapter 11 of his Tantrasāra. The paper thus serves to (a) illuminate the nature of spiritual experience and the qualifcations for religious praxis in Śaivism, (b) give insight into the worldview of the Tantric Śaivas, and (c) help in pinpointing a specific and significant issue in the phenomenological study of religion generally. An earlier version of this paper has been published in a somewhat different form in Evam: Forum on Indian Representations vol. 4, published by Samvad India, New Delhi, India. This paper could not have been written without two years of intensive study with Professor Alexis Sanderson of All Souls College, Oxford, whose scholarship has proved essential in advancing my understanding of Śaivism. Also very helpful was Dr. Somadeva Vasudeva, now of Columbia University, whose database and encyclopedic knowledge have been invaluable. The germ of the idea for this article was suggested to me when Professor Paul Muller-Ortega (University of Rochester) first pointed out to me the passage beginning at MVT 2.14.