美感新论

审美的本质是自由情感的运动,据此可以从自由情感的对象形态、价值取向和运动特征三个维度来分析美感的性质。根据自由情感的对象形态,可以将美感划分为现实型和理想型两种典型存在形态;根据自由情感的价值取向,可以将美感划分为古典型和现代型两种典型形态;根据自由情感的运动形态,可将美感划分为愉悦和震撼两种典型形态。     

Ideology and the University

Ideology underpins recent transformations of British universities; it forms an unquestioned backdrop to policy‐making. The ideology at issue is a market‐based neo‐liberalism—accompanied by a doctrinaire private‐sector managerialism. Universities employing this ideology envision it as common sense. The ideology is thus not proselytised, but rather structures the vernacular of university speech. In reality it is a highly politicised ideology masquerading as a managerial reality. Its effect on universities has been profoundly destructive. The dignified public good of higher education has now become a huckstering marketised mechanism. What is so perplexing is the quiescence of universities. The ideology is so hegemonic that it appears exempt from criticism. University administrators are now quite unapologetic ideological functionaries and we need to relearn how to criticise those who manage us. Ultimately no ideology lasts, this present one will be supplanted, the question is what level of damage to civil and intellectual life will it inflict?     

Free Fatty Acids Composition in Adipocere of the Kwäday Dän Ts’ìnchí Ancient Remains Found in a Glacier*

Abstract: Adipocere is a postmortem decomposition product consisting of mostly a mixture of free fatty acids (FFAs) that are formed because of the hydrolysis of triglycerides in adipose tissues. This article describes a simple and robust method for the extraction, identification, and quantification of FFA commonly found in adipocere using gas chromatography–mass spectrometry (GC/MS). This method was applied to analyze tissues from Kwäday Dän Ts’ìnchí, ancient remains discovered in a retreating glacier in the Tatshenshini‐Alsek Park, British Columbia, Canada in August 1999. The lyophilized tissues were grinded and extracted with hexane. The trimethylsilyl fatty acid derivatives were analyzed by GC/MS, and the relative abundances of myristic acid, palmitic acid, oleic acid, and stearic acid were determined. Milligram per gram levels of saturated fatty acids were found in the tissues of the ancient remains, while the levels of unsaturated fatty acids, such as palmitoleic acid, were found to be negligible. The results provided further evidence of the existence of adipocere found during forensic examination of the Kwäday Dän Ts’ìnchí ancient remains.     

中韩农业贸易中的政治性贸易保护问题研究

在中日韩三国自由贸易区谈判即将召开的情况下,韩国农业领域的贸易保护问题已经成为阻碍中韩FTA签订的重要问题。韩国农业领域的贸易保护倾向不仅根源于福利国家体制和国家干预制度,还和韩国独特的历史和现实政治情况紧密关联,这就要求我国政府在解决该问题时除了遵循FTA基本原则外,更要兼顾社会和政治方面的对韩协调,整合中国农业出口部门,实现对农业领域自由贸易的政治护持。     

RETHINKING CHINESE EVIDENCE THEORIES AND RECONSTRUCTING SYSTEM OF EVIDENCE: “A THREAD FOR THE PEARLS OF CHINESE EVIDENCE”

This article analyses Chinese traditional evidence theories that have evolved over a long period of time, to explore which theory, between objectivity and relevancy, best represents the basic attribute and logical thread of evidence. These theories are considered in the context of issues arising in evidential adjudication, including: the “Mirror of Evidence,” truth, the probability of proof standard, the choice between a notion of pursuing 100-percent certainty in adjudication and that wrongful acquittals are better than wrongful convictions, and the statutory proof doctrine comparedwith the system of free proof. Finally, the article presents the framework of and methods for drafting provisions of procedural evidence of the People’s Court.     

Ben L. Reitman,MD: colorful critical criminologist

Ben Reitman, a medical doctor, fought throughout his life for greater sympathetic understanding of and assistance to American’s underdogs. He spent his early years living among social outcasts and riding the rails with hobos. He then teamed up with Emma Goldman to advance her political agenda of anarchist ideas and in support of free speech. After an amiable split with Goldman, he worked in Chicago, treating prostitutes, performing illegal abortions, combating venereal disease, and battling to make birth control information freely available. Reitman also associated with several of the prominent members of the University of Chicago’s stellar sociology faculty and contributed importantly to their studies of urban life.     

Embeddedness and Restructuring: Case Studies from Singapore

Free market ideology has continued its hegemonic reign notwithstanding considerable opposition. Under capitalism, the relationship between the political and economic realms is intricate. This inquiry on corporate restructuring in Singapore between the late 1990s and the early 2000s scrutinizes how a dominant state collaborated with the multinational corporations to reconstitute their accumulation regimes to outlast the business cycles. Based on six cases, the findings underscore the critical role of the state on the subject of restructuring. The peculiar configuration of the relations between the state and labour in Singapore shaped how they negotiated the restructuring process with the companies. While those involved reckoned that training, research and technology were pivotal, the foregoing were not the panacea that optimistic consultants had made them out to be. The interactions among capital, labour and the state remained the underpinnings of solutions.     

The problem of Irish Unionism

The paper is a critique of a recent article by Luke Martell which attempted to set out a new, non-statist and non-coercive socialist agenda. The critique suggests that coercion and repression are probably inherent to the socialist project and that Martell's proposals fail to address this. It also takes issue with Martell's proposals for limiting the role of markets and for developing local forms of corporatist agencies. The assumption that market capitalism is in some way antithetical to communal morality is also challenged on the grounds that genuine communalism is likely to arise out of voluntary co-operation rather than state-sponsored initiatives and programmes.     

人大代表职务行为合法化探究

人大代表职务行为属于刑法中的正当化事由之一,尽管对一定的法益造成了损害,也不能以犯罪论处。人大代表职务行为的合法化条件包括前提条件、主体条件、行为条件、对象条件、限度条件以及主观条件。人大代表职务行为与律师辩护行为、控告、举报行为之间既存在着相同点,又有着明显差异。     

过错与抗辩：以名誉权侵权为重点

不法性不应作为一般侵权行为的构成要件,而应由过错要件吸收。过错本质上为主观范畴,但其衡量标准可以客观化。言论自由与名誉权同属宪法规定的基本权,法律应慎重处理二者冲突的情形。名誉权侵权中应区分不同的行为人主体和被报道对象而作具体分析。其中,过错具有独特含义:就故意而言,应指言论发表人对该言论的虚假性明知或对其真假完全的漠不关心;就过失而言,应指言论发表人未尽一般理性人的注意义务。行为人享有除真实性抗辩外的多种无过错抗辩。