日语指示词"こ、そ、あ"与汉语指示词"这、那"的对比考察

在中日对译作品中，日语指示词“ニ、そ、わ”与汉语指示词“这、那”具有不对称性。对这种不对称性进行比较分析，可以看出如下规律：（1）日语对指示词有着更强的依赖性；（2）汉语中的“此”、“如此”、“其”及人称代词代替了一部分“这”、“那”等指示词的使用；（3）汉语与日语中的指示词在指示方向上会出现截然相反的现象。     

论物权公示原则

物权的公示原则是物权法的基本原则之一。物权的公示原则是指当事人以公开的方式使公众知晓物权变动的事实,它一方面使物权变动得到法律的承认和保护,另一方面使善意第三人不至于因权利瑕疵而蒙受损失。以物权变动而言,物权的公示原则及其公信力极为重要。     

Unearthing the realities of rape: Utilising Victorian newspaper reportage to fill in the contextual gaps

This article examines the realities of rape and sexual offences and their treatment through the legal process by use of media reportage, Victorian and modern; using this to contextualise and so to challenge the official record. The starting point is an identification of what constitutes ‹best’ evidence for an exploration of rape and sexual offences – evidence that permits better insights into the impact of such offences on the individuals involved, as well as into the factors governing the ability of the criminal justice process to promote the conviction rate in rape cases. By using a comparative historical perspective, and using media presentations (especially newspaper reportage) this article shows the enduring nature of stereotypes which govern the decisions reached by legal personnel and by jurors – stereotypes which have, since the Victorian period, remained profoundly gendered in ways that are unhelpful to the ‹victims’.     

王安忆小说的叙事建构及读解

王安忆是个高产作家,其创作不仅高产而且有质量,因而吸引了许多评论者的目光,但对王安忆小说创作进行总体研究难度甚大。将王安忆小说文本的叙事修辞与作家的叙事理念相结合,在对其小说文本的叙事探究中注入修辞分析的元素,从修辞对话的层面阐释其小说创作,不失为一个新的视角。     

法律修辞的价值及其限度

古典的修辞学研究重心主要在于一种实践的说服行动以及与之相并行的说服方式,区别于当前的以修饰文辞为重心的修辞学研究,故而古典的修辞学与法律具有密切的关联。也正是在这个意义上,我们需要认真对待法律修辞,重新激活并发展法律修辞的当代价值。具体而言,法律修辞的价值主要体现在作为本体论的法律修辞和作为方法论的法律修辞这两个具有关联的方面。作为本体论的法律修辞主要是指法律本身也可看作一种修辞并可以从修辞学的视角对法律予以观照,作为方法论的法律修辞主要是指其于法律运行过程中的体现的诸多作用。当然,法律修辞的价值本身也存在限度,但这并不构成对法律修辞的否弃理由。     

Political science,political ideas and rhetoric

The article reviews ‘ideational’ analysis and theory in political science. It argues that this is an important area of research limited by lack of a clear sense of what ideas in politics are and of how to analyse them as directly as possible. It is argued that political science should learn from the ‘rhetorical turn’ in various areas of the social sciences, developing ways, appropriate to political science, of analysing the language, rhetoric and argumentation of political and policy discourse in its governmental contexts. Such an approach rests on a strong sense of the dynamic, contested and creative nature of political activity.     

Developing a rhetorical analysis of racist humour: examining anti-black jokes on the Internet

Racist humour is frequently the subject of media and public debate in relation to issues of offence and acceptability. Despite this, little has been done to analyse it or its relationship to other forms of racism. I argue that an analysis of racist humour needs to account for the rhetorical structures of humour – to consider humour as a rhetorical device similar to metaphor or metonym – that has a persuasive potential. Using jokes from four US websites, the rhetorical aspects of humour are unpacked through the use of rhetorical discourse analysis and semiotic theories of humour. I then identify an important effect of racist humour. Zygmunt Bauman's ideas on the problem of ambivalence for dichotomous discourse and category formation are employed to argue that racist humour expresses racist dichotomies and has the potential, among others, to “hide” the ambivalence to which such dichotomies are prone. The article then considers the meaning and ambivalence of less severe racist joking.     

The Public Eye and the Citizen-Voyeur: Photography as a Performance of Power

This paper argues that photography is best grasped not as a medium of visual communication, but as a manifest performance of the power to make visible. As such, photographic practices are central to the experience and demarcation of private/public boundaries in advanced media cultures. In the private domain, photography is both a ritualized domestic activity and provides conventional and definitive representations of the domestic. These functions are ostensibly opposed to photography's role in the public realm: the same visual technology becomes, in the mass media, both the index and agent of publicness itself, with the paparazzi?especially in the aftermath of Princess Diana's death?symbolizing the violation of the private. The paper explores the ways in which photographic performance at the public/private boundary dramatizes power relations through forms of social transparency, voyeurism and memoralization. It also asks whether momentary crises in the dominant scopic regime can provide the basis for alternative ‘uncanny’ visual practices that are tenable and empowering.     

On Public Action

Abstract

This essay explores Hannah Arendt’s contribution to our understanding of the rhetorical as opposed to the aesthetic quality of public speech, with an emphasis upon her conception of opinion and glory. Arendt’s focus on the revelatory quality of public action in speech is widely understood to preclude or seriously limit its communicative aspect. I argue that this is a misunderstanding, and that accepting it would reduce speech not merely to the discussion of a sharply limited set of topics, but to no topics at all. Public action is speech that reveals the speaker as “answering, talking back and measuring up to whatever happened or was done.” Such revelatory speech is most appropriately judged by the standard of the glorious and the inglorious. Because such speech must inform as well as reveals, so does glorious or great speech rise to the level of greatness in part because of what is said, to whom, where, and how. Arendt’s understanding of this is shown to have significant parallels to the ordinary language philosophy of Stanley Cavell.     

Terrorism and the media

The linguistic turn in political science is an important step toward more sophisticated political knowledge. Greater awareness of political language implies attention to words such as reason. Reason is central to modern political discourse because of its historical and cultural importance and because of the contemporary dominance of the rational choice paradigm. Reason the concept therefore justifies closer scrutiny of reason the word. The meaning of reason is constructed as a variable. Standing by itself, reason seems relatively shapeless and empty; dictionary definitions are circular and tautological, although some subtle nuances derive from the network of reason's root words. Most of the variance in the meaning of reason is determined by other words that surround it, with a significant portion of reason's meaning being defined by its context. Anterior meaning shifters, nominal referents, spatiotemporal modifiers, and textual narrative all surround reason and fix it in a large lattice. The meaning of reason in use varies continuously. From this perspective, it becomes clear how reason functions as an important rhetorical trope in political discourse. Its plasticity and flexibility help reason stimulate and evoke variable mental images and responses in different settings and situations, all the more important because these go largely unnoticed. The example of reason of state shows reason's rhetorical power and privilege, its normative dimension, its persuasiveness, and its consequences. Seen in this light, a weak version of reason of state is preferable to a strong one. Pluralistic reason opens new paths for democratic thought and political action.