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政治文明与宪政的关系 总被引:12,自引:0,他引:12
政治文明是一个从物质文明和精神文明之中抽象出来的且相对独立的概念。从内涵上说 ,政治文明的核心是政治民主 ;从外延上说 ,政治文明包括政治观念的文明、政治规范的文明和政治秩序的文明。政治文明同宪政的关系表现为 :政治文明是宪政的前提和基础 ;宪政是政治文明的支柱和灵魂 ;现代政治文明发展的主流、本质和终极趋向是政治文明的宪法化和宪政文明。文章最后还讨论了政治文明与中国宪政的建构问题 :即建构“民主”与“宪政”的协调并用模式 ,重塑“权力”与“权利”的互动关系模式及完善“国家”和“社会”的二元结构模式 相似文献
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从救亡到启蒙:近代中国宪政运动之回顾与反思 总被引:7,自引:0,他引:7
在“救亡压倒启蒙”的历史大背景下 ,近代中国宪政运动始于救亡 ,却止于启蒙。近代中国宪政运动之“所指”与宪政之“能指”错位 ,尤其是近代中国的政治与社会格局并不支持以个人主义为价值基础的宪法与宪政 ,因此 ,近代中国之宪政运动虽始于救亡 ,但却注定无法完成这一过于沉重的历史使命 ,其现实及历史意义仅止于有限的启蒙。 相似文献
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宪法是国家的根本大法,它规定着国家的根本制度和根本任务。宪政是以宪法为依据治理国家的民主政治。宪政建设是建设法治国家、建设政治文明以及制度强国、兴国的必由之路。要加强中国的宪政建设,必须认真对待宪法,高度重视宪法的监督实施;加强和改善人民代表大会制度;高度重视宪政的具体制度、具体程序的建设;切实加强和改善党的领导,发展党内民主;并且必须借鉴人类政治文明的有益成果。 相似文献
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宪法修正与宪政民主观的确立 总被引:1,自引:0,他引:1
宪政民主观构成了现代国家政治权力存在和运行的首要正当性基础。一九八二年以来的四次宪法修改特别是新近的宪法修正案 ,不仅使宪法内容和形式更完善 ,而且凸显了朝野关于民主的新认识。政治文明、人权保障、“三个代表”重要思想等内容入宪表明我们正在放弃历时长久的“革命”民主观 ,并形成一种新的宪政民主思维 相似文献
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政治文明与宪政文明关系论纲 总被引:13,自引:0,他引:13
建设社会主义政治文明 ,是社会主义现代化建设的重要目标。从人类社会政治历史的发展过程来看 ,政治文明的发展与演进 ,主要是以宪政运动的形式表现出来的 ,宪政文明是政治文明高度发展的产物 ,现代政治文明的基本内涵就是宪政文明。宪政文明构成了现代政治文明的核心。中国必须吸收和借鉴世界政治文明发展和宪政文明建设的有益的经验 ,并根据我国的实际情况 ,建设一种有中国特色的社会主义政治文明、宪政文明和法治文明。 相似文献
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宪政:和谐的生活哲学 总被引:11,自引:0,他引:11
宪政属于宪法哲学范畴。宪法哲学属于哲学 ,属于法哲学、生活哲学、未来之学 ,属于科学。在宪法哲学的上述不同层面 ,宪政分别聚焦于对“宪法·人民·政府”、“权力·法律·权利”、“宪法·生活·政治”、“传统·现实·理想”、“正义·科学·效益”等相互关系之本源和应然的追问。对此 ,我们的回答是 :宪法是作为国家权力所有者的人民与作为国家权利行使者的政府之间的“契约” ;法治的精义在于通过对公权力廉洁性和完整性的“保障”而实现对人权的保障 ;宪政既以民主为基础又对民主的某些性格保持着警惕 ;宪政的理想可以激发完善现状的热情 ,历史的评判则可防杜社会的倒退 ;宪政同时结晶着科学、正义、效益三种精神。 相似文献
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宪法学作为社会科学的分支,会随着时代的变化而转换研究范式。宪政理论研究范式大致经历了两种范式转换:近现代古典自由主义模式和当代新宪政主义模式。特定的语境和历史场境赋予了西方宪政概念及其理论自身的内在规定性与特定的理论定位和功能。宪政理论要想成为中国宪法学的理论,必须完成其概念和理论范式的转换。宪法秩序概念及理论涵盖了宪法运作现象的不同形态和不同层面,是对整个宪法运作现象和事实的全局性理论把握和综观性理性反映。它能够克服西方宪政理论的不足,体现中国宪法学对这种不足的回应,是宪政理论和概念范式转换的一种尝试。 相似文献
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K. A. Jacobsen 《Journal of Indian Philosophy》2006,34(6):587-605
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. 相似文献
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Sthaneshwar Timalsina 《Journal of Indian Philosophy》2009,37(3):189-206
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). 相似文献
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Will Rasmussen 《Journal of Indian Philosophy》2009,37(3):231-252
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. 相似文献
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Christopher Wallis 《Journal of Indian Philosophy》2008,36(2):247-295
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. 相似文献
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This paper is a preparatory analysis for a jurisprudence of the singular. Through a critical analysis of the negativity and
the absolving character of the transcendental metaphysics of law and justice it reads mainly through M. Heidegger, Heraclitus,
G. Agamben and J-L. Nancy a realignment of the questioning of justice that takes its provisional name in ‘dike’, at thepoint
where the routes of ontology, the juridical and the political intersect and reveal the pseudo-propriety of their presuppositions.
Without the transcendental dialectical discourse of the origin and its absolving-absolute ‘ends’, this paper re-poses the
urgency of thinking the singular-multiple ‘right’ otherwise.
This revised version was published online in July 2006 with corrections to the Cover Date. 相似文献
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This article interrogates the relationship between the sovereign event and a legal decision that purports to place sovereignty
beyond law. It argues that sovereignty cannot be regarded as unitary, and elaborates the process of iterability by which the
sovereign event is split from the outset. This dynamic is examined through an interrogation of the non-justiciability of sovereignty
in Mabo v. Queensland (No. 2)(1992). Along with the unitary conception of sovereignty, Mabo (No. 2) deployed an absolute measure for community in the form of the ‘skeletal principle’ of the doctrine of tenure. The paper argues
that a conception of the political that affirms the One sovereign source of community and law instead of the original dis-position of law, nation and community repeats the original violence, and will, at best, run aground on the righteous (mis)recognition
of the ‘appropriate savage’. It concludes with an indicative rethinking of community through the thought of Jean-Luc Nancy.
This revised version was published online in July 2006 with corrections to the Cover Date. 相似文献
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André Couture 《Journal of Indian Philosophy》2006,34(6):571-585
There are good reasons to think that Vāsudeva, Saṃkarṣaṇa, Pradyumna and Aniruddha already form a sort of implicit tetrad
in the HV. The aim of this paper is to draw attention to often overlooked data related to this tetrad. (1) Upon first reading,
the sequence of the HV episodes appears to be somewhat disconnected, and might lead one to conclude that no such grouping
of these figures had as of yet taken place. Nevertheless, a closer look at the structure of the text makes it clear that these
four characters are one of the main focuses of the narrator’s interest. (2) The relationships of these four heroes to one
another and to other deities will be examined. In addition to their close kinship, these heroes with the exception of Aniruddha,
are also said to be incarnations of other entities; thus the logic underpinning this grouping must be located at this other
level. (3) Considered against the backdrop of the entire HV, one realizes that a basic pattern is established in which the
presence of the goddess, under various names and functions, is required not only to facilitate Saṃkarṣaṇa’s and Kr̥ṣṇa’s births
and actions on earth, but also the actions of Pradyumna and Aniruddha. In fact, neither Kr̥ṣṇa Vāsudeva, nor Saṃkarṣaṇa, nor
Pradyumna nor Aniruddha can act entirely independently of her assistance. (4) The HV does not employ the word vyūha in connection with the group of Vāsudeva, Saṃkarṣaṇa, Pradyumna and Aniruddha. Nevertheless, during the battle waged to deliver
Aniruddha, the idea of vyūha is present even if the word itself is not. HV 110.47–49 describes a true trivyūha composed of three fighters (Vāsudeva, Saṃkarṣaṇa and Pradyumna), who are arranged in such a way as to protect one another.
The episode of Aniruddha’s liberation appears to be the missing link, showing clearly that at least Kr̥ṣṇa, Saṃkarṣaṇa and
Pradyumna are capable of assuming a vyūha as they fight the Rudraic forces. 相似文献
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Anna Czech Ph.D. Aleksandra Szabelak M.Sc. Artur Sowiński M.Sc. 《Journal of forensic sciences》2019,64(3):711-716
The aim of the study was to determine the effect of gender, body mass index, and time on the width of friction ridge impressions in fingerprints and the content of sweat and sebum forming the print. The research showed that the friction ridge impressions of women are significantly wider than those of men, and this tendency persists throughout the existence of the print. The differences may result from the anatomical structure of the skin, as well as from the use of protective products such as creams, which are used more often by women. The width of friction ridge impression is similar in underweight and overweight people, but greater than in those with normal body weight, and the amount of sweat and sebum increases with body weight. The passage of time significantly reduces both the width of the friction ridge impression and the content of sweat and sebum secretions in the print. 相似文献
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The U.S. Supreme Court decisions in Daubert v. Merrell Dow Pharmaceuticals Inc. and Kumho Tire Co. Ltd. v. Carmichael transformed the way scientific expert evidence was reviewed in courts across the United States. To gauge the impact of these rulings on the admission of forensic identification evidence, the authors analyzed 548 judicial opinions from cases where admission of such evidence was challenged. Eighty-one cases (15%) involved exclusion or limitation of identification evidence, with 50 (65.7%) of these failing to meet the "reliability" threshold. This was largely because of a failure to demonstrate a sufficient scientific foundation for either the technique (27 cases) or the expert's conclusions (17 cases). The incidence of exclusion/limitation because of a lack of demonstrable reliability suggests that there is a continuing need for the forensic sciences to pursue research validating their underlying theories and techniques of identification to ensure their continued acceptance by the courts. 相似文献
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