中国伦理传统的“德治”与“治德”

自周初德治主义的萌芽至汉朝中国伦理传统“德治”模式的确立，其间历经管仲以法为主的德法结合论、孔子的以德治国论、荀子的礼法并重论等治国理论。然而，基于批判秦朝“法治”实践发展起来的汉朝治国模式，在“罢黜百家、独尊儒术”的背景下走向了纯伦理化的“德治”。与之相应，其培养“德治”主体道德素质的“治德”范式呈现为片面的伦理型特征。自汉至清历朝历代由盛而衰的“德治”循环实践证明：伦理型“治德”前提下的“德治”陷入了“德治”悖论。化解“德治”悖论，实现国家长治久安的选择是全面认识、借鉴吸收先秦时期诸子百家的治国理论及其“治德”范式，促进“治德”的伦理制度化。     

The contingent morality of war: establishing a diachronic model of jus ad bellum

According to most accounts of just war theory, jus ad bellum is concerned with the morality of initiating war. This gives jus ad bellum a temporal dimension, making it a set of principles that are applied to judge belligerents’ actions at the outset of a war, but that cannot be revisited after a war begins. I challenge this synchronic conception of jus ad bellum by arguing that the considerations the principles of jus ad bellum are meant to judge can, and often do, change substantially over the course of wars. It is inappropriate to determine the ad bellum justice of a war solely based on how the principles of jus ad bellum are satisfied at a war’s outset. Because of the mercurial nature of war, jus ad bellum principles should be applied diachronically, as moral norms that can be used to guide or to judge belligerents even after a war has been initiated.     

The legitimacy of occupation authority: beyond just war theory

ABSTRACT

So far, most of the philosophical literature on occupations has tried to assess the legitimacy of military rule in the aftermath of armed conflicts by exclusively employing the theoretical resources of just war theory. In this paper, I argue that this approach is mistaken. Occupations occur during or in the aftermath of wars but they are fundamentally a specific type of rule over persons. Thus, theories of political legitimacy should be at least as relevant as just war theory for the moral evaluation of occupations. This paper, therefore, draws on both traditions and argues that just war theory plays a limited role in identifying the purposes and appropriate agents of occupation authority, but that theories of legitimacy are necessary for explaining why and under which conditions foreign actors have the right to rule in the aftermath of armed conflicts.     

Elite executives in issues management: the role of ethical paradigms in decision making

The perspectives of elite (or top‐level) issues managers on ethics are explored in this paper. From these elites we can learn how issues were managed at their global organisations and how questions of ethics were addressed in issues management. The organisations in this study were chosen because of their superlative rankings in measures of ethics and reputation. Research questions explored ethical decision making and the predominant paradigm of ethics in each organisation through six elite interviews and observation. Although both organisations attempted to address ethics, the elite issues managers at one organisation did so more thoroughly and effectively than did the managers at the other organisation. This efficacy was due to the depth of ethical study and training engaged in by the elites, the intense ethical analysis of issues, and the choice of a deontological approach to ethics. This paper argues that ethics should be concerted, codified, consistent, trained and rigorously analysed. A deontological paradigm of ethical decision making fits all of these criteria, and this research shows that a deontological ethical paradigm can contribute to effective issues management. Copyright © 2002 Henry Stewart Publications.     

The Environmental Record of the Soviet Union

ABSTRACT

This article rethinks John Holloway’s emancipatory theory by “opening” his key concept of “dignity.” It argues that, while Holloway’s use of this concept works well for emphasising the uniqueness of human beings’ ability to both resist and challenge capitalist social relations, due to its underlying Kantian heritage, it is both excessively restrictive and limits the extent to which he can unlock the full potential of his theory, particularly when considering the development of new ecological sensibilities. To this end, the article explores the possibility of supplanting the concept of dignity with that of “Self-realisation.” While not entirely unproblematic, this concept not only reinforces the uniqueness Holloway associates with human agency but also helps unravel a more substantive virtue-orientated approach consistent with his thought.     

论抗战时期国民政府统制经济政策的影响

随着抗日战争的爆发,被迫退守西部地区的国民政府为了赢得抗战,实行了战时统制经济政策.这种统制经济政策所带来的影响是复杂的、多方面的.它既为打败日本侵略者提供了经济上的保证,又推动了西部经济的发展.但这种经济政策也助长了国家垄断资本的全面形成,挤占了民营资本的发展空间,从而阻碍了中国资本主义的正常发展,并且这种政策是以损害广大人民尤其是农民的利益为基础的.     

The use of mindfulness to promote ethical decision making and behavior: Empirical evidence from the public sector in Thailand

The study has two main purposes. First, the study explores core ethical values and behaviors from the perspective of Thai public service organizational leaders. Second, the study investigates the extent to which public sector leaders in Thailand consider Buddhist-based mindfulness practice to be a potentially effective mechanism for reinforcing core ethical values and behaviors in the public sector in Thailand. Using interview data derived from in-depth semi-structured interviews with 12 senior public sector officials in Thailand, the analysis elicits four dimensions of core ethical values and behaviors that are perceived by Thai public service organizational leaders as central to ethical behavior in the public sector. The study also sheds light on the interviewees' positive perceptions towards mindfulness and the role its associated practices can play in promoting ethical decision making and behavior in the public sector in Thailand.     

Elections and the Development of Civil War: An Empirical Study of Sri Lanka

Present empirical research on the connection between elections and civil war often treats causality as a one-way effect because it focuses exclusively on either the onset or the consequence of civil war. What is omitted in the literature is the endogenous nature of the election–conflict nexus throughout a civil war. This article dedicates itself to filling that gap. Treating administrative units in conflict as part of a rebellion network, we apply a stochastic actor-oriented model (SAOM) to the case of Sri Lanka. We find that, on the one hand, rebellion is less likely to occur in Tamil regions if national winners in presidential elections enjoy high local approval ratings (selection effect). On the other hand, regions involved in the rebellion network converge in terms of their local support for the national winner of the presidency (influence effect). Overall, our model-based simulation analysis shows that the influence effect has a larger impact on the endogenous relationship than the selection effect.     

借助因特网提高英语写作技巧

对于EFL学习者来说,用英语进行学术写作是很难的一件事。在写作一篇清晰连贯可读性强的文章时,从立意到组织到技巧都极具挑战性。随着个人电脑及网络化的普及,教育者和学习者都能接触到海量的来自英语为母语国的原始信息。通过分析水平相当的二语学习者通过协作的方式借助电子技术完成特定文体作文的过程,可以思考网络及协作学习对英语教学产生的影响,提出提高英语写作教学质量。     

苏联学者对马克思主义法学的两种理解考辨

马克思主义法学思想与中国法治建设的关系,在学术界有否定性意见,问题的产生与源自苏联并影响中国的两种理论解读相关。一个是帕舒卡尼斯囿于“商品交换法学”和未来共产主义社会中法的消亡原理,而否认社会主义法制建设的法律虚无主义;一个是维辛斯基强调法的阶级性而偏于意志论的法律工具主义。前者使社会主义国家趋于人治和以政代法,后者导致对法的过度意识形态化。其实,马克思主义法学的最根本之点在于坚持历史唯物主义立场,强调法律源于人类生产活动,并以其对生产力发展的正负面影响而使社会进步或倒退。马克思主义法学在改革开放的中国一直在场,有必要从意义域角度总结马克思主义法学发展的得失。     

External dimensions of European environmental policy: An analysis of environmental treaty ratification by third states

The European Union has become an important leader in international environmental affairs – particularly through the negotiation of multilateral environmental agreements (MEAs) with favourable terms. In this article, EU environmental leadership is studied from a new perspective, focusing on the ratification stage of environmental regime formation. Specifically, it investigates whether the EU is also capable of motivating third states to join its preferred MEAs. It is argued that third states join the EU's preferred MEAs to signal their compliance with EU environmental standards in an effort to become eligible for various rewards that the EU could potentially offer, including a credible membership perspective, access to its lucrative markets, and aid and assistance. The argument is tested by examining the ratification behaviour of 25 non‐EU Member States with regard to all 21 MEAs negotiated under the auspices of the United Nations Economic Commission for Europe (UNECE). The results provide robust support for the theory that EU rewards motivate third states to ratify these treaties. The results withstand a number of statistical tests, even when alternative explanatory factors such as trade intensities, transnational communication and geographic proximity are controlled for. The study is the first large‐scale demonstration of the EU's external influence at the ratification stage of environmental regime formation. By identifying three different channels of EU influence, the research permits a more refined understanding of the EU's role as a promoter of environmental protection standards.     

Local government reform in South Africa: An analysis of financial management legislative compliance by municipalities

South African local government has undergone radical transformation. The reform process included a local government financial management best‐practice technical assistance programme (MFMTAP) targeting financial management and especially budget quality reform. Dollery and Graves (2009) earlier examined the efficacy of the South African National Treasury (NT's) municipal budget funding compliance technique for measuring adherence to the Municipal Finance Management Act's (MFMA) budget funding requirements using a single metropolitan municipality case study. This article further evaluates the robustness and validity of the funding compliance instrument as a reform performance measurement tool by comparing the results of four geographically and demographically different municipalities. Also introduced is a performance ‘trend’ instrument similar to a ‘Likert scale’ for comparing municipal performance. Optimal tax revenue theory is invoked to examine this key revenue variable for producing a compliant budget. The article finds the ‘budget funding’ reform component of the Best‐Practice Technical Assistance (BPTA) programme presently ineffective and unsustainable. Copyright © 2009 John Wiley & Sons, Ltd.     

An empirical analysis of municipal efficiency and local resident satisfaction by council type in Victorian local government

Although a voluminous empirical literature has examined local government efficiency, much less attention has focused on municipal effectiveness and almost no effort has been directed at the relationship between efficiency and effectiveness. In this paper, we seek to add to the latter nascent literature by investigating the relationship between operational efficiency and local resident satisfaction for three different municipal categories (metropolitan, regional, and rural councils) in the Victorian local government system over the period 2014–2015 to 2017–2018 using data envelopment analysis and an advanced regression model. We find that although a strong relationship exists between efficiency and satisfaction for metropolitan and regional councils, the same is not true of rural councils.     

An Evaluation of the Economic Approaches Used by Policy Actors towards Investment in Place-Based Partnerships in Victoria

Place-based partnerships are supported by the state and include various organisations and interests within particular geographic areas. The Victorian government has established place-based partnerships to plan and coordinate resource allocation decisions to meet objectives such as economic development and social inclusion. In the literature there are positive and negative views of these partnerships. One view is that they allow regions to build competitive advantage, while another is that they are a means of pursuing a neoliberal policy agenda that seeks to reduce government protection and investment. We help clarify the tensions between positive and negative views of partnerships by examining the economic approaches used by policy actors toward place-based partnerships in Victoria. We find that policy actors combine neoclassical and institutionalist approaches to argue that partnerships generate networks that enable more efficient and equitable resource allocation within places .     

Yellow versus Orange—Never a Fair Fight: An Assessment of Two Contributions to Liberal Politics Separated by Three-quarters of a Century

British Liberals have a thing about colours, especially yellow and orange. Two publications, separated by over seventy years and known by the colour of their respective covers, mark special periods in the history of British liberalism, times when liberals have appeared to be on the comeback trail. The article sets out to make the case that the authors of The Orange Book (published in 2004) have a great deal to learn from their liberal predecessors. Yellow Book liberalism was more radical, better informed and better matched to the most pressing political concerns of its day. It was also more open to arguments and ideas from those who had no particular allegiance to either the Liberal Party or to its political philosophy. Liberals, it is argued, need to be far more concerned about refashioning and revitalising liberalism than about reclaiming or reasserting their exclusive ownership of the fundament of liberal thought.