荣格与《易经》：沟通东西方文化的心理学尝试

以荣格与《易经》的互动为管,能透析荣格在其心理学体系中汲取和融合东方文化的努力。《易经》的“感而遂通天下”是荣格提出“共时性”思想的关键所在。《易经》的“阴”、“阳”对立统一反映在荣格的“原型”理论中,是其寻求文化沟通可能的共同心理基础。荣格从理性主义和实证主义的视角对《易经》进行了独特的诠释和解读,他与《易经》的对话是从心理学角度沟通东西方文化的有益尝试。     

The bugle of justice: the romantic socialism of William Morris and George Orwell

This essay considers three possible applications of the concept of justice to the work of William Morris and George Orwell. It begins with a brief look at the treatment of criminals in Morris's utopian writing: a specific issue which anticipates some of the points of the modern restorative justice model. The bulk of the essay is devoted to the elaboration of four interconnected elements of the utopia of romantic socialism in Morris and Orwell: elements that provide the positive building blocks of the just society of human well‐being. The roles of the past, of nationality, of the natural environment, and of the demechanization of labor in the creation of the community of the future are considered. The final section, by drawing on several other specimens of socialist utopianism, examines the insufficiency of emotional ethical responses to injustice in producing a convincing version of ideal arrangements, and thereby highlights the value of the romantic visions of Morris and Orwell.     

Pulling the meat off the bone: an interview with Gregg Barak

Gregg Barak is one of the noted progressive academic criminologists of the twentieth century. His work has been concerned with the “causes” of violence, both interpersonal and structural, and its prevention. He has been successful in integrating a variety of theories of crime and punishment into an integrated whole. The purpose of the interview, conducted electronically, was to hear to Dr Barak’s views on how to alleviate pain and suffering in societies, especially the ways societies might structure themselves to meet the needs of all.     

Internet domain name disputes: From the Singapore perspective

This paper looks at the business significance of Internet domain names and the approach taken towards the resolution of domain name disputes in Singapore.     

Dispossession and disalienation: The fulfillment of life in Ursula LeGuin's The Dispossessed

For Caleb

In The Dispossessed, Ursula LeGuin imagines a non‐authoritarian society that privileges freedom and centers the individual's realization of her creative potentials in social context as the means to achieve the highest functioning, least repressive society. The concept central to this imagination of freedom and the ‘good life’ as expressed in her anarchic vision is that of disalienation, in the Marxist sense. In theorizing an anarchic society, whether or not a particular aspect of social organization is disalienating becomes for LeGuin the key criterion for assessing and determining the human efficacy of, in particular: the organization of work; the relationship between self, society, and nature; and the distribution of both social responsibilities and resources. This paper explores how LeGuin measures the alienating effects of a range of socio‐economic institutions, practices, and bodies of knowledge—from how we organize work, to how we establish the state and its governing power, to how we think about time—highlighting her critique of the alienating structures of our culture and the way they curtail human creativity and disarm individuals from developing freely and fully, that is, in a way that would benefit society as a whole and promote individual happiness.     

法行为的性质

法行为是法所要规范的核心内容,但对法行为的认识在法学界一直存在着争议,特别是在当代混合社会和信息社会条件下,这种争议的条件已经发生了较大的变化。这时,重新认识法行为的性质,使其摆脱传统法律思想的束缚而面对现实,对当代立法和司法具有重要的指导意义。特别是我国正处于一个建立和完善社会主义法律体系时期,这一研究就显得更加重要。法行为实质上是一种权利义务(权力职责)的统一。     

What's in a name: the Vermont Genetically Engineered Food Labeling Act

On May 8, 2014, Vermont passed the Vermont Genetically Engineered Food Labeling Act (Act) requiring labels on certain genetically engineered foods. Once the bill takes effect July 1, 2016, all Vermont-retailed foods with more than 0.9% of their total weight in genetically modified ingredients must be labeled with language stating, “may be partially produced with genetic engineering.” As genetically engineered food are considered scientifically equivalent to their traditional counterparts and are not subject to federal labeling by the FDA, the Act presents several legal questions. Several of the legal questions have been raised in a recent lawsuit filed by the Grocery Manufactures Association that claims the Act violates the First Amendment, Supremacy Clause, and Commerce Clause. This paper will discuss why the Second Circuit could strike down the Act as unconstitutional as to each claim.     

Contesting anticompetitive actions taken in the name of the state: state action immunity and health care markets

The so-called state action doctrine is a judicially created formula for resolving conflicts between federal antitrust policy and state policies that seem to authorize conduct that antitrust law would prohibit. Against the background of recent commentaries by the federal antitrust agencies, this article reviews the doctrine and discusses its application in the health care sector, focusing on the ability of states to immunize anticompetitive actions by state licensing and regulatory boards, hospital medical staffs, and public hospitals, as well as anticompetitive mergers and agreements. Although states are free, as sovereign governments, to restrict competition, the state action doctrine requires that "the state itself" make the decision to do so. Partly on the basis of problems in the political environment, the article criticizes courts for using a mere "foreseeability" test to decide whether a state legislature sufficiently authorized competitors to act in contravention of clear federal policy: "Few things are more foreseeable than that a trade or profession empowered to regulate itself will produce anticompetitive regulations."     

论周平王所奔西申之地望

在周“二王并立”这一政治格局形成之际,有两个申国存在：一为西申,即申侯之国,地在今陕西省眉县东北;一为南申,即申伯之国,地在今河南省唐河县以南。《国语》谓周幽王太子宜臼被废之后所奔之“申”,即《竹书纪年》之“西申”。由于西申侯具有长期经营宗周西陲的政治基础,具有与周王室世为婚姻的政治地位,具有强大的经济与军事实力,故宜臼被废之后奔“西申”以求西申侯之助。     

媒体与司法关系规则的三种模式

在处理媒体与司法关系的问题上,西方主要法治国家采用的模式是不相同的。美国采用的是不限制媒体的“司法自我约束模式”,英国采用的是“司法限制媒体模式”,而大陆法国家则采用了一种近乎“放任自流”的“司法向媒体开放模式”。中国的司法模式类似于大陆法系国家,在司法与媒体的关系规则模式上,应当采纳大陆法国家模式。     

证据法学研究用语不规范问题初探

法学研究强调逻辑的严谨性以及语言的规范性,作为法学分支学科的证据法学当然亦莫能外。但是,近年来方兴起的证据法学科,在我国开展的时日尚短,且一直与传统的证据学学科之间纠缠不清,以至于我国证据法学的学科体系迟迟不能建立,甚至连作为学科基础的基本概念都未能达成共识,缺乏统一性和规范性,理论研究和证据实务中用语不规范的问题一直存在,混用、误用基本概念和术语的现象较为普遍。这不仅影响到理论研究的严谨性,甚至干扰到实务操作的实效性。     

事实发现：能动与回应之间

借助达马斯卡的政府功能影响司法程序的理论可以拨开当下我国＂能动司法＂语境下法官事实认定摇摆于积极发现和消极放任之间的理论迷雾。以其＂理想类型＂为标尺考察我国混合式诉讼模式下的法官事实认定,其特点,一是在纠纷解决方向上存在着官方控制的进退维谷和当事人程序行动的严重失衡,二是在政策实施方向上任何程序形式都有可能让位于和对接于＂宽严相济＂政策的主导地位。在我国转型背景下,国家功能在能动与回应之间流动、混合,相应地,法官事实认定程序在本质上要求政策实施和纠纷解决的适度折中,在适用范围上要求具体案件具体处理而作出多元化设计。     

EU Accession to the ECHR: Between Autonomy and Adaptation

After the European Union's accession to the European Convention on Human Rights the EU will become subject to legally binding judicial decisions of the European Court of Human Rights (ECtHR) and participate in statutory bodies of the Council of Europe (Parliamentary Assembly; Committee of Ministers) when they act under the Convention. Convention rights and their interpretation by the ECtHR will be directly enforceable against the EU institutions and against Member States when acting within the scope of EU law. This will vest the ECHR with additional force in a number of Member States, including Germany and the UK. All Member States will further be subject to additional constraints when acting under the Convention system. The article considers the reasons for, and consequences of the EU's primus inter pares position under the Convention and within the Council of Europe, and the likely practical effect of the EU's accession for its Member States.