Agamben’s Grammar of the Secret Under the Sign of the Law

This paper suggests that a grammar of the secret forms a concept in Agamben’s work, a gap that grounds the enigma of sovereignty. Between the Indo-European *krei, *se, and *per themes, the secret is etymologically linked to the logics of separation and potentiality that together enable the pliant and emergent structure of sovereignty. Sovereignty’s logic of separation meets the logic of relation in the form of abandonment: the point at which division has exhausted itself and reaches an indivisible element, bare life, the exception separated from the form of life and captured in a separate sphere. The arcanum imperii of sovereignty and the cipher of bare life are held together in the relation of the ban as the twin secrets of biopower, maintained by the potentiality of law that works itself as a concealed, inscrutable force. But the ‘real’ secret of sovereignty, I suggest, is its dialectical reversibility, the point at which the concept of the secret is met by its own immanent unworking by the critic and scribe under the *krei theme, and subject to abandonment through the work of profanation; here, different species of the secret are thrown against one another, one order undoing the other. The secret founded upon the sacred is displaced by Agamben’s critical orientation toward the immanent: what is immanent is both potential and hiddenness.     

efinition of the phe

美国国务院专门负责亚洲与太平洋事务的高官,著名的中国问题专家,曾任国务卿鲍威尔亚洲事务助理的唐纳德·凯泽(DonaldKeyser)与年轻漂亮的台湾女情报员的私通,就像英国间谍小说家笔下的人物,充满神奇和浪漫。但这绝不是小说,而是发生在美国与中国台湾之间的间谍案。2006年7月1     

W and the design of the na

e browse background and design navigational maps properly in VE and WWW for reducing cognitive burden and improving 搃mmersion?in VE.virtual environments, www, hypertext, disorientation0心理科学进展Journal of Developments In Psychology76-82B845F102;1;E;FF102_1;沈昉000     

Are the perpetrators of violence one and the same? Exploring the co-occurrence of perpetration of physical aggression in the United States

Important gaps exist in our understanding of aggressive behavior and the extent to which aggression involves one or more types of victims. This information is critical for determining the utility of integrated approaches for violence prevention versus continuation of independent efforts for reducing community violence, partner violence, and child maltreatment. To better understand the overlap in aggressive behaviors within the general population, the authors examine the co-occurrence of self-reports of physically striking strangers, acquaintances, intimate partners, and children among a nationally representative sample of 3,024 U.S. adults. The findings from this cross-sectional random digit dial telephone survey show that more than a third of the population reports engaging in at least one form of aggression and that, of these, a third had perpetrated violence against more than one type of victim. The percent of respondents who reported perpetrating violence against more than one type of victim range from 13% (percent of those striking a friend or acquaintance who also struck a child) to 34% (percent of those striking a friend or acquaintance who also struck a stranger). Furthermore, engaging in one type of aggression substantially increases the odds of engaging in another from 1.5 to 4 times. The findings suggest potential value in pursuing both integrated and independent approaches in research and prevention.     

Another victim of the ＂banana war＂： Some reflections on the status of the principle of liability in the absence of unlawful conduct in the community legal system

Articles 235 and 288 second paragraph EC provide remedies for damages caused by Community institutions, to individuals, legal bodies or States that concern legal obligations outside the scope of contractual relations. Although it did not receive any real application, the principle of liability in the absence of fault is mentioned by the Court in a couple of cases. This article seeks to explore this principle in its due context and in the light of comparative law. To that effect, it is first necessary to make a short recall of the historical case law in this field, to analyze afterwards the latest jurisprudential developments （FIAMM/FEDON case）, and finally to consider the future prospects of this principle in the Community law through two options. One alternative would be to adopt more lenient conditions for the application of Community＇s liability for fault and notably a progressive abandon of the current serious fault regime and the adoption of the simple fault regime. Another option would be to remove the tort nature from the no-fault liability and to move from the reparation of damage to a compensation for the breach of the equality.     

An Early Modern Account of the Views of the Miśras

In a doxography of views called the ?a?tantrīsāra, a seventeenth century commentator and Advaitin, Nīlaka??ha Caturdhara, describes the doctrines of a group he calls the Mi?ras. Nīlaka??ha represents the doctrines of the Mi?ras as in most ways distinct from those of the canonical positions that usually appear in such doxographies, both āstika and nāstika. And indeed, some of the doctrines he describes resemble those of the Abrahamic faiths, concerning the creator, a permanent afterlife in heaven or hell, and the unique births of souls. Other doctriness are difficult to associate with any known South Asian religion, for example the emphasis placed on astrological determinism in the moral economy of the creation. As the ?a?tantrīsāra is unpublished to date, a preliminary edition of those portions that concern the Mi?ras is presented here, together with a translation, notes, and some further discussion. Though the identification is not certain, it seems most likely that the views Nīlaka??ha describes in this text belonged to Vanamālī Mi?ra, a North Indian Mādhva who had lived in the Ganges-Yamuna doab in the mid to late seventeenth century. Even if that identification turns out to be correct, many questions remain.     

Merger—the name of the FE game

In the Australian legal environment today the overwhelming importance of laws made by Parliament is obvious, yet many first year law programmes pay insufficient attention to the coordinated teaching of statutory interpretation (SI). This project formed part of a collaborative initiative between an educational developer and the coordinator of legal research methods (LRM) to introduce statutory interpretation into a first year unit of study. Our study used a qualitative research framework – a questionnaire was administered to students at two intervals throughout the first semester. In Week 3, 160 students participated in the questionnaire and at Week 4, a keystone module on statutory interpretation using a building block approach was introduced in LRM. Since the nature of assessment in LRM is largely reflection, this unit lent itself well to investigating the language and literacy challenges of statutory interpretation, in particular, to students monitoring their own progress in this regard. The overall aim of the project was to establish a framework for students to build on their knowledge and understanding of statutory interpretation throughout their undergraduate studies, and in the interests of improved learning and teaching outcomes, for staff to be able to document the changes in student thinking. This paper focuses on the preliminary stage of our investigation into the language and literacy challenges involved in introducing statutory interpretation into a first year unit of study.

I know of only one authority which might justify the suggested method of construction. “When I use a word,” Humpty Dumpty said in rather a scornful tone, “it means just what I choose it to mean, neither more nor less.” “The question is,” said Alice, “whether you can make words mean so many different things.” “The question is,” said Humpty Dumpty, “which is to be master – that’s all.”

(Alice Through the Looking Glass, c. vi.)

After all this long discussion, the question is whether the words “If a man has” can mean “If a man thinks he has.” I am of opinion that they cannot, and that the case should be decided accordingly.

(Lord Atkin in Liversidge v Anderson [1942] AC 206)     

Interests of Asian Countries in the Review of the Dispute Settlement Procedure

FeaturesofDSprocedure .TheWTOsystemisarule basedinternationaltradingsystemasopposedtobeingapower orientedtradingsys tem .Itgivesstabilityandpredictabilitytointernationaltrade.Lookingatfiguresofdisputes ,itisremarkablethatbetween 1 947 1 994inwhichtheoldGATTsystemoperated ,therewereabout30 0disputesonrecordandthat,from1 995whentheWTOwasinitiatedto 2 0 0 3,therewereabout 30 0disputes.ThismeansthatthedisputesettlementprocedureoftheWTOismuchmorefrequentlyusedascomparedwiththedisputesettlemen…     

In the eye of the beholder? An examination of the inter-rater reliability of the LSI-R and YLS/CMI in a correctional agency

PurposeTo examine the inter-rater reliability of two risk assessment tools: The Level of Service Inventory-Revised (LSI-R) and the Youth Level of Service/Case Management Inventory (YLS/CMI).MethodsTwo identical experiments are reported. For both studies, a random sample of 10 offenders were interviewed and videotaped with each tool (totaling 20 offenders). The tapes were then shown to a random selection of 20 raters (for a total of 40 raters) employed at a state agency. The fully-crossed design allowed each of the raters to rate the each of the cases, resulting in 200 total risk score observations for each tool. Inter-rater reliability analyses were then conducted.ResultsThe LSI-R demonstrated adequate to fair reliability, with certain domains showing lower reliability. Overall, the LSI-R had an ICC of .65. The YLS/CMI demonstrated higher reliability (ICC of .78). In addition, for the LSI-R study, comparisons were made between staff raters who work in a facility versus those in the community (e.g., probation officers). For the YLS/CMI study, comparisons were made between incarcerated offenders versus probationers. Neither comparison yielded consistent differences.ConclusionsThe YLS/CMI is generally reliable. The LSI-R showed less reliability. However, each study showed certain domains with less than ideal reliability.     

The Connotation of the Concept of Animal Welfare——In the context of animal-object view

动物福利概念基于不同的理论立场而具有不同的内涵.在动物客体论的语境下,界定动物福利概念的内涵时,应该采纳“人道立场的动物福利”的观点.据此,动物福利概念的含义可以表述为:基于人道关怀,(主要是被人类利用)的动物可以满足基本需要的康乐状态.动物权利论者和动物解放论者阐释的动物福利概念既存在理论上的根本缺陷,也不能合理解释现实状况,故不足取.     

Changes of the Legal Nature and the Ownership of Underground Garage——As the disputes of “Today Garden”

《物权法》的实施导致地下车库法律性质和地位的变化,也改变了其权利归属认定的逻辑前提.《物权法》实施前,地下车库必须依附于物业小区的宗地使用权,没有独立存在的基础,只能为区分所有建筑物的附属物.交易中未约定时,其权属随商品房的移转而一并移转;《物权法》实施后,借助于土地的分层利用制度,地下车库成为可独立交易物,由此为开发商保留地下车库所有权提供了可能,就其所有权取得无特别约定时,地下车库仍为其初始权利人——开发商所有.因此《物权法》颁布前后,有关地下车库权属判断的衔接问题尤为凸显.     

An information network of officials? Dissecting the role and nature of the network of parliamentary representatives in the European Parliament

Enhancing the role of national parliaments in the European Union’s decision-making process has for some time been a popular way in which policy-makers have sought to address legitimacy problems in the European Union, the Early Warning Mechanism being only one example. In response to these developments, an increasing number of scholars have addressed the question of how parliaments make use of these powers in practice. An important dimension of the process – the role of parliamentary officials in parliamentary scrutiny and control – has so far been neglected in the literature. Against this background, this article examines the role of the representatives of national parliaments in the European Parliament with the aim of understanding the role and the nature of this ‘bureaucratic network’. While falling short of an epistemic community, these officials play an important role in enabling parliamentary scrutiny through the dissemination of information.     

Outlining the Shadow of the Axe—On Restorative Justice and the Use of Trial and Punishment

Most proponents of restorative justice admit to the need to find a well defined place for the use of traditional trial and punishment alongside restorative justice processes. Concrete answers have, however, been wanting more often than not. John Braithwaite is arguably the one who has come the closest, and here I systematically reconstruct and critically discuss the rules or principles suggested by him for referring cases back and forth between restorative justice and traditional trial and punishment. I show that we should be sceptical about at least some of the answers provided by Braithwaite, and, thus, that the necessary use of traditional punishment continues to pose a serious challenge to restorative justice, even at its current theoretical best.

The crimes of the homeless or the crime of homelessness? On the dialectics of criminalization,decriminalization, and victimization

This paper is a limited attempt to synthesize the older and newer trends in radical criminology — to integrate the issues of criminalization, decriminalization, and victimization. The object of our endeavor is homelessness and how society responds to it. In the paper, we first examine the dialectics of criminalization, homelessness, and economic crisis in relation to some of the general trends in the developing political economy of welfare capitalism. Second, we argue that criminologists should support and focus on effort to criminalize the condition of homelessness and, at the same time, to decriminalize most of the acts of survival of the homeless. In pursuing this end, we urge criminologists to respond by doing things with rather than for or to the homeless. Ultimately, we hope this paper contributes to the ideological and practical struggle for achieving stable institutional methods for satisfying basic human needs.