参与、对话、共享:试论新型控辩关系的构建

我国控辩关系失衡由来已久:规范维度上,立法滞后、保障不力;实证维度上,控方一家独大,辩方权利萎缩;观念维度上,长期权力本位,辩护权倍受歧视。新型控辩关系构建,须从参与、对话、共享三方面入手。其中,参与机制需要从制度上保证辩护人全程、全面、立体化介入诉讼;对话机制源于戴维·伯姆的对话理论,通过控辩对话消除侦控过程的思维碎片化,建立互信、强化协作;信息共享机制源于信息不对称引发的司法寻租,须构建以控方为主、辩方为补充的信息披露义务,让各方在公开透明的司法程序中公平竞技。     

构建中拉整体合作机制:机遇、挑战及思路(英文)

With all-round cooperation between China and Latin America ready to take off, and with a promising China-Latin America and the Caribbean Cooperation Forum becoming a high-level dialogue mechanism. China-Latin America relations are poised to be further deepened and elevated,which will lay a solid foundation for the development of ties between China and other developing countries.     

Inevitable Answers: The Joke and its Relation to Social Equilibrium in the Novels of Ivy Compton-Burnett

The majority of existing studies of Ivy Compton-Burnett’s comedy class her as either a ‘camp’ novelist, or a social satirist in whose novels jokes are used for either oppression or subversion. The present essay proposes a new reading of the social uses of jokes in Compton-Burnett’s novels. In these domestic fictions, family life is characterized by constant strife, most commonly of a verbal nature. As part of their daily struggle for power and position, her characters use aggressive jokes to keep each other in check. This process does not distinguish primarily between oppressors and oppressed, but between successful and unsuccessful egotists. As an ideal result, a social equilibrium emerges that is at least vaguely habitable to all. This way, Compton-Burnett’s comedy is essentially conservative; the ultimate function of the jokes employed by her characters is not to permanently transform social structures, but to maintain the delicate balance of power within the family.     

How Organizational Learning Is Supported by Performance Management Systems: Evidence from a Longitudinal Case Study

Abstract

Performance management is meant to encourage organizational change by providing better and more relevant feedback to managers. But there is no denying the complexity of learning and change. How performance management helps this process goes beyond the simple availability of performance information. In this study, we examine the learning processes in a large Belgian public organization through interviews of managers, directors, and administrators. By using 4Is framework of organizational learning—from Intuitions to Interpretation to Integration to Institutionalization—we identify critical blocks and enablers of learning and change. Critical impediments include off-topic discussions of performance information, lack of opportunity to share and discuss management practices, and limited motivation to change entrenched processes of work. Performance management also provides reliable enablers of organizational learning, such as giving credibility-by-results to new management practices, focusing discussions on processes that lead to measurable results, the ability to follow new innovations closely as they are implemented, and the possibility of creating a learning culture supported by performance information. Finally, we discuss how perceived credibility of performance information is crucial to organizational learning and how it is reinforced by use and dialogue.     

Ethics in the workplace

The right to request flexible working has been introduced into the UK employment laws against a background of post-fordist work practices, which already allow for employer rather than employee flexibility. This paper posits the idea that for the individual employee to benefit from these new rights what is required is the situation of dialogues within the workplace that take place in an ethical frame that recognises the employee as an individual.

Dialogues of the War on Drugs: towards restorative reentry initiatives

The injustices of mass incarceration and the ‘War on Drugs’ are a much debated topic in the United States. My project engages this thematic field by examining how formerly incarcerated people discuss the War on Drugs and mass incarceration. I analyze the narratives of 17 formerly incarcerated men who volunteered to participate in: (1) life story interviews, (2) focus groups and (3) semi-structured interviews. Both restorative justice and reentry have been criticized for failing to consider the social, structural, and historical inequalities for marginalized groups. I contend that my subjects’ engagement with historical and autobiographical narratives contributes to an innovative practice borrowing from restorative justice in the context of reentry. The preliminary results confirm that for those who were on the frontline of the War on Drugs, narrating their life story was a cathartic experience and discussing collective memories of slavery and Jim Crow in a group setting became an educational moment and reaffirmed the need to rethink this history. I found the older generation believes the past should be remembered and racism still exists, while the younger generation subscribes to a colorblind view of society and wants to move on.     

Building a Bridge of Friendship between Peoples of China and Hungary

正Ever since its founding,the World Bridge Foundation of Hungary has been aiming to set up a platform of dialogue between China and Hungary,enhancing mutual understanding and cooperation between peoples in central and eastern European countries and the Chinese people with several thousand years of history.As the founder and Honorary Chairman of the Foundation,I have made continuous efforts in this     

‘The association that dissociates’ – narratives of local political resistance in Kosovo and the delayed implementation of the Brussels Agreement

ABSTRACT

The existing literature on the EU’s transformative role in the Balkans looks at EU conditionality as a unidirectional system of rewards that is expected to motivate local elites to comply with EU rules. This article raises a different question: how do local actors bypass the implementation phase of EU conditionality and what kind of political resistance narratives do they use for this purpose? The analysis attempts to tackle these inter-related questions by focusing on the delayed implementation of the Brussels Agreement between Belgrade and Pristina as a case study, using the interpretive method of narrative analysis. The article aims to link fieldwork empirics with theoretical discussions in the field of EU compliance literature by stressing the importance of local actors’ resistance to EU incentives. Three levels of analysis will be conducted in order to address the research question: (1) mapping different types of actors at the local level and stressing their heterogeneity; (2) understanding how local resistance to EU pressure evolved in the period 2013–2016; and (3) showing how their policy narratives influenced the implementation phase and the maintenance of the status quo. In conclusion, the analysis shows that the EU’s mediation strategy of ‘constructive ambiguity’ favours local actors’ political resistance, particularly in the implementation phase. The main findings show that ‘dividers’ outnumber ‘connectors’ in local actors’ narratives, thus strengthening political resistance to EU pressure.     

‘The Open Church’ and ‘the Closed Church’ and the discourse on Jews in Poland between 1989 and 2000

This paper analyzes the attitudes of the Roman Catholic Church in Poland towards the Jews and anti-Semitism during the first decade since the political transformation of 1989–1990. After discussing briefly the main patterns of the development of the Roman Catholic Church in Poland in the modern era I examine two opposing positions within the institutionalized Roman Catholic Church — the ‘Open Church’ and the ‘Closed Church’ — that emerged in the aftermath of Poland's regaining full sovereignty in 1989. The ‘Open Church’ and the ‘Closed Church’ represent opposite views on the role of the church in society and on the dialogue with Jews and Judaism and on anti-Semitism.The ‘Open Church’ is a relatively recent phenomenon that originated in the circles of the layman progressive Catholic intelligentsia in the post-1945 period. It is the first visible formation within Roman Catholic Church in Poland, which advocates dialogue with Jews and Judaism and is engaged in the eradication of anti-Semitic attitudes. The ‘Closed Church,’ which represents the formation of the ‘besieged fortress’ was historically strongly intertwined with the exclusivist ethno-nationalistic political movement of the National Democracy. The remnants of this fusion were still visible in the statements of high rank clergy in the 1990s and early 2000. This formation ignores the concept of the dialogue with Jews and Judaism advocated by Pope John Paul II and among its supporters there are still many holders of anti-Semitic views. The paper provides various examples of anti-Semitic occurrences and pronouncements of the 1990s and it discusses various initiatives aimed at the facilitating dialogue between Christians and Jews introduced by the members of the ‘Open Church’ in the 1990s. It assess the importance of the ‘Open Church’ in the eradication of anti-Semitic views and the extent of the influence of the ‘Closed Church’ on both the clergy and Catholic community at large.     

The Pluralistic Public Sphere from an Ontological Point of View

Abstract

This paper attempts to provide a rationale for a ‘model of the public sphere’ in terms of hermeneutic ontology that begins from Heidegger's Being and Time. However, this Heideggerian hermeneutic ontology will both be weakened and extended through a dialogue with social theory, which occupies a central place in this paper. More specifically, the main aim of this paper is to suggest some ideas to bridge the gap between the ontological focus on the hermeneutic fore-structure of being-in-the-public-sphere and the focus of social theory on the nexus between constructing identity and narrative, the result of which is the idea of the public sphere as an open-ended intercultural dialogue.