A New Nationalism for a New Era: The Political Ideology of Mexican Neoliberalism

The structural economic reforms justified by neoliberal ideas that transformed Mexico's statist political economy in the 1980s posed a direct challenge to the nationalism inherited from the revolutionary era that had long served to legitimise the interventions of the social state. This article examines the strategy adopted by the administration of President Carlos Salinas de Gortari (1988–1994) to reconcile the rival ambitions of neoliberalism and nationalism and its reasons for doing so. It does so by examining ideas concerning the state, society and the individual found in writing and speeches published in political organs and the press during this period.     

反思国际法效力根据"协调意志"的意识形态性

国际法的效力根据在于所谓各国意志之间的协议,即"协调意志"说.但是,"协调意志"说的意识形态性与现代国际法理论及发展趋势存在冲突,与国际社会和国际法的发展存在不和谐之处,"协调意志"说的意识形态性在一定程度上使国际法发展的推动力受到削弱,损害了国际法作为一个学科体系的生命力.因此,我们应以开放的态度对待国际法,不应局限在某一狭隘的、群体的范围内,使其更有利于国际社会和全人类的发展.     

英美法系与中国的法人越权原则之异同

法人越权是指法人的行为超出了章程规定的目的范围。其中如何平衡投资者、法人及交易相对人的利益是关键问题。研究英美法系的主要国家对法人越权问题的研究发展状况 ,可以对我国应采取的措施有些启示     

Democracy,Subsidiarity, and Citizenship in the ‘European Commonwealth’

Is there a ‘constitutional moment’in contemporary Europe? What if anything is the constitution of theEuropean Union; what kind of polity is the Union? The suggestionoffered is that there is a legally constituted order, and that asuitable term to apply to it is a‘commonwealth’, comprising a commonwealthof ‘post-sovereign’ states. Is it a democraticcommonwealth, and can it be? Is there sufficiently ademos or ‘people’ for democracy to be possible?If not democratic, what is it? Monarchy, oligarchy, ordemocracy, or a ‘mixed constitution’? Argued: thereis a mixed constitution containing a reasonableelement of democratic rule. The value of democracy isthen explored in terms of individualistic versusholistic evaluation and instrumental versus intrinsicvalue. Subsidiarity can be considered in a similarlight, suggestively in terms of forms of democracyappropriate to different levels of self-government.The conclusion is that there is no absolute democraticdeficit in the European commonwealth.

     

论担保物权期间的效力

新出台的《担保法》解释基于物权法定主义规定当事人约定的担保期间无效。物权法虽以物权法定主义原则作基石却亦有意思自治之空间 ,物权法定主义仅指物权的种类和内容由法律规定 ,当事人不得自由创设 ,于此之外 ,应为当事人自治之领域 ,担保期间的约定就属当事人自治之范畴。承认当事人约定的担保物权期间的效力能够提高担保的信用 ,更好的发挥担保制度的立法功能 ,同时也能使当事人充分实现意思自治 ,体现民法的私法本质。故此 ,立法应当承认当事人约定的担保物权期间的效力。     

Jurisprudential Dilemmas of European Law

Making a first sketch of philosophical issues arising fromEuropean Community law I want to present a series ofmore or less obvious, and more or less interrelated dilemmas,or even double binds.(i) Deepening the community becomes incompatible withwidening membership. (ii) National states seem bothnecessary for and obstructive in articulating transnationalproblems. (iii) The more democracy is needed as a warrantfor the public exercise of political power in Europe, themore the very concept of democracy on a European scaleevades understanding. (iv) European unity presupposes aunifying rule of law, while member states have radicallydifferent conceptions of this principle. (v) Even the verycore of European integration, the common market, is subjectto two conflicting and, indeed, incompatible doctrines ofcompetition. In explaining the nature of each dilemma I willtry to take my cue from the Maastricht Treaty wherever thisseems suitable. Then I will elaborate on the jurisprudentialproblems involved in it. Finally, each section will be closedby an attempt to state the nature of these problems inphilosophical terms.     

试论婚内强奸(下)

从婚内无"奸"到婚内有"奸",经历了一个漫长的过程.然而在现代社会,婚内强奸行为是否构成犯罪?这已成为当前社会探讨的焦点问题.婚姻关系存续期间的男女两性关系的特殊性和已婚妇女相对于丈夫是否享有性的自由权利以及我国是否具备将婚内强奸行为认定为强奸罪的社会基础都将成为决定婚内强奸行为是否构成强奸罪的决定因素.     

THE ROHINGYA CRISIS: WHY THE WORLD MUST ACT DECISIVELY

The dimensions of the crisis generated by the systematic persecution and expulsion of Rohingyas by the Myanmar authorities have been a sustained subject for global debate in these present times. The refusal of the Myanmar government to heed the world's warnings, its obfuscations in the matter of following through on the recommendations of the Annan Commission, and the dogged reluctance of Aung San Suu Kyi, once an ardent advocate of democracy and human rights in her country, to speak up for the Rohingyas have left the international community deeply disappointed. And disturbing too is a report by UN investigators on human rights abuses in Myanmar's Rakhine state. The problem does not look about to be resolved any time soon, with more than 750,000 Rohingyas taking refuge in neighbouring Bangladesh, pushing social dynamics in an already over-populated country to the edge. The fear is that the crisis could fester before getting dangerously out of hand, unless the global community goes for decisive action.     

From Active Learning to Taking Action: Incorporating Political Context Into Project-Based,Interdisciplinary, International Service Learning Courses

Educational approaches that enable students to actively and directly participate in “real-world” projects are increasingly recognized as valuable pedagogical tools and, as such, being incorporated into university curriculums worldwide. Though not traditionally associated with political science courses, project-based international service learning presents a tremendous opportunity to bring classroom concepts and theories to life, provide an active approach to addressing international challenges, and assist students in the development of the hands-on, problem-solving, team-based, critical-thinking skills that are increasingly important to employers across all sectors. This article seeks to encourage political science faculty to incorporate international service learning—and/or project-based approaches—into their educational offerings. Through examination of the course Global Synthesis in Liberal Arts and Engineering Studies at California Polytechnic State University, we have identified multiple factors that can help promote successful execution of project-based international service learning as a pedagogical tool, and provide additional suggestions for faculty interested in adopting specific aspects of these educational approaches, and/or in doing so closer to home.     

‘The dead are coming’: acts of citizenship at Europe’s borders

This article combines the research agenda of the acts of citizenship literature with reflections on emancipatory theatre. I examine the Centre for Political Beauty’s activity-based artwork ‘The dead are coming’ which problematizes the cruelties of the European border regime in symbolically charged spaces in the German public. Focusing particularly on the roles available to ‘actors’ and ‘spectators’, and the directionality of the message conveyed through the artwork, I examine how the performance subverts the ‘sites’ and ‘scales’ of citizenship. My analysis indicates that the artwork’s subversive potential emerges not only from the political vision conveyed by the artist collective, but also from the way in which others become involved in the performance. Acts of political beauty thus most extensively challenge instituted citizenship’s orientalist anchoring, reverse status-based role allocations and subvert the structural violence of borders when the performance enables the enactment of novel forms of political agency and solidarity.