限制表达自由的原则

表达自由是许多国家的宪法性法律和国际人权条约及地区性人权条约承认和保护的基本人权。本文讨论了政府在限制表达自由的时候需要遵循的几项原则,即合法、合目的性、需要和合比例及中立等原则。同时指出,这些原则也构成对政府限制表达自由的限制。     

浅谈政府的合法性问题

政治哲学的核心问题是政府的合法性问题,研究的是把合适的人类组织发展成由法律或本能统治的群体。而政府的合法性问题就是关于政权合法与不合法的问题,即为什么政治集团(国家、州、镇区)的成员必须服从这些集团的法律?把该集团成员合法团结在一起的是什么:血统?国土?出身?一致同意?契约?如果是后两者,这样的协议是否正式?或者,是否有可能不正式?就此几个问题展开,论述政府的合法性。     

Everyday Legitimacy in Post-Conflict Spaces: The Creation of Social Legitimacy in Bosnia-Herzegovina's Cultural Arenas

Abstract

The international community has long been criticized for its lack of social legitimacy in Bosnia-Herzegovina and its creation of a dysfunctional public space in the light of people's everyday experiences of peace. This article contends that, as a result, legitimacy has been moved from such public spaces to semi-public spaces, wherein the public and the private are interrelated. One example is local cultural arenas, where hopes emerging in people's everyday lives are projected onto alternative visions of peace and a corresponding social contract. In that sense, cultural agencies have served as alternative social locations of legitimacy due to their closer connection to people's lives and needs.     

教育的终极价值即启迪人们寻找自由

自有人类社会便有教育。教育活动发展到现在,我们在探索其意义时就不能仅仅局限于考察其对于个体知识增长的多寡和对于国家贡献的大小,而应该从深层次挖掘体味其终极价值,即康德所说的:教育就是通过强制来实现自由。     

Within,Above, and Beyond: Churches and Religious Civil Society Activism in South Kivu

In South Kivu in the Eastern part of the Democratic Republic of Congo (DRC), various church actors have chosen to involve in advocacy and mobilization through a formalized civil society structure known as La Société Civile (LSC). In this article, we explore the relationship between the churches and civil society in Eastern DRC, paying particular attention to why this cooperation has taken such a formalized expression, the motivations of church actors to become involved in LSC and, finally, how this relationship between different civil society actors has underpinned various peacebuilding efforts at the local, provincial, and national scale.     

Government Has No “Religious Agency”: James Madison's Fundamental Principle of Religious Liberty

Religious liberty has reemerged as a problem in liberal democracy. For guidance we can turn to James Madison. Unfortunately, his fundamental principle of religious liberty has been misunderstood. Madison believed that power over religious conscience always remains with the individual, which means that government never has a power to attempt to cause or prohibit religious opinions or profession and only has the power to prohibit religious practices that are “adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.” Madison's fundamental principle of religious liberty is therefore that government has no “religious agency.” In matters of religious establishment, “no agency” means that government lacks even the power to cognize religious opinions or practices. But in matters of free exercise, “no agency” means that government can accommodate citizens’ religious consciences, even if that accommodation requires cognizing their religious opinions. An important but widely overlooked example of Madison's complex but principled approach to religious liberty is his 1790 proposal for a statutory exemption from federal militia service for religious objectors.     

The Democratic Legitimacy of the European Union Committee System

This article investigates both the operation and the democratic legitimacy of the European Union committee system. This vast but rarely studied system is an important site of European governance, exercising an increasing amount of policy responsibility while also providing the essential arenas necessary for supranational problem solving. Despite their contribution to the success of the “European project,” committees are increasingly coming under attack, notably for their lack of democratic credentials. The article employs original empirical research based on interviews and internal documentary evidence to answer a timely question: does the EU committee system strike an appropriate balance between the values of system effectiveness and democratic legitimacy? Following the application of a set of democratic principles to EU committees, the article finds that a poor balance has been struck between effectiveness and democracy. The article concludes with some operational suggestions for improving this balance in the short‐to‐medium term.     

义务教育均衡发展的基本原则及其现实意义

义务教育均衡发展是我国义务教育发展的战略性目标,对于民生建设、全面建设小康社会具有重要意义。在推进义务教育均衡发展的进程中,要以公平性、差异性、补偿性原则为指导,以建立合理的义务教育均衡发展指标,保障适龄儿童少年享有良好的教育资源。     

The Priority of Legitimacy in Times of Political Transition

This paper interprets the relation between justice and legitimacy found in John Rawls's Political Liberalism and then applies it to the field of transitional justice. The author argues that transitional mechanisms can be better defended in terms of “legitimacy” than in “justice,” because the circumstances of transitional justice admit of reasonable disagreement over “just” public policy. In such circumstances, policy recommendations can always be construed as falling short of justice, thus raising plausible concerns over their normative justification. This paper attempts to answer such concerns by justifying transitional mechanisms as morally appropriate yet less than fully just. The author explains how the concept of legitimacy facilitates such a justification and how such a justification can secure the normative grounds that are ironically threatened by investigations relying on a concept of justice.     

党的执政合法性与社会矛盾调处

正确认识和积极处理社会矛盾是执政党必须履行的职责,是关系其执政合法性的重大问题.积极调处社会矛盾有利于优化党执政的合法性要素及其关系,有利于提高业绩认同、主体认同和价值认同.从当前我国社会矛盾调处的客体、主体以及工作机制等方面看,迫切需要加强社会矛盾的调处.积极调处社会矛盾增强党执政的合法性是一项系统工程,其中,发展是基础,统筹兼顾是根本,关注民生是关键,建立健全的机制是保证,提高领导干部调处社会矛盾的意识和能力是重点.     

The Freedom of Expression in Global Perspective

This paper presents recent events including the Danish cartoon crisis occasion—a re-examination of John Stuart Mill’s argument for freedom of expression. Despite the appeal of liberalism, Mill’s philosophy had from the start been subject to intense criticism. The rise of political Islam opens a new phase in the debate; the difficulties pointed out by Mill’s critics are indicative of the obstacles that liberalism still faces.

The Future of Freedom of Information in the United Kingdom

This article investigates the future of Britain's Freedom of Information Act [FOIA]. It argues that the UK FOI regime faces a set of unique opportunities and challenges that may decisively impact upon the shape of FOI policy in Britain.
On the one hand, the increasingly assertive FOIA appeal bodies, constant pressure from requesters, alongside the more open habits practised within the Civil Service, may serve together to 'open up' government information access. This in turn may widen and strengthen the British FOI regime.
On the other hand, a series of potential obstacles may inhibit or undermine the new FOI regime. Delay and inconsistency, potential record management problems and 'gaps' within the scope of the Act, all present possible barriers to further openness. Most of all, following the two recent attempts to limit the scope of the legislation, the intentions and actions of the government will be crucial in shaping the future of FOI policy.     

No Harm in Checking: Using Factual Manipulation Checks to Assess Attentiveness in Experiments

Manipulation checks are often advisable in experimental studies, yet they rarely appear in practice. This lack of usage may stem from fears of distorting treatment effects and uncertainty regarding which type to use (e.g., instructional manipulation checks [IMCs] or assessments of whether stimuli alter a latent independent variable of interest). Here, we first categorize the main variants and argue that factual manipulation checks (FMCs)—that is, objective questions about key elements of the experiment—can identify individual‐level attentiveness to experimental information and, as a consequence, better enable researchers to diagnose experimental findings. We then find, through four replication studies, little evidence that FMC placement affects treatment effects, and that placing FMCs immediately post‐outcome does not attenuate FMC passage rates. Additionally, FMC and IMC passage rates are only weakly related, suggesting that each technique identifies different sets of attentive subjects. Thus, unlike other methods, FMCs can confirm attentiveness to experimental protocols.