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20世纪60年代以来,美国律师业一直在经历着一场深刻的变革。律师业的这场变革衍生出包括律师职业危机论在内的众多理论解说。美国律师职业危机实际上是因为垄断学派本身的理论解释与律师业急剧变迁的制度变革之间分离所带来的律师职业理论的危机,而不是律师业本身的危机。通过对这场危机的系统考察,可以进一步深化对职业制度和职业实践的理解,从而有助于理清我国律师业改革的方向。 相似文献
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随着社会经济的发展以及市场层次的不断提高,律师职业的商业化因素逐渐彰显,关于律师职业商业化的孰是孰非受到了广泛的关注。其实律师职业的商业化问题本身无可厚非,它毕竟植根于社会实践环境,受到外部环境的影响与制约;但另一方面,律师职业的商业化又必须保持在一定的限度之内,过度的商业化势必会阻碍律师社会责任的实现,在社会责任与商业化之间迫切需要寻求一个平衡点来调和两者之间的矛盾。 相似文献
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律师职业境界是律师执业活动的理想状态.是对律师执业活动进行审美思考后得出的结论。保持和打造“律师职业境界”,既是律师管理的方向,又是律师文化建设的主要终极目标。它赋予了律师独特的职业趣味、职业思维、职业人格与其它相关的职业感觉,具有明显的职业印记。必须着眼于积极改变律师的执业现状,强化律师的职业修炼,努力打造律师的职业境界。 相似文献
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由于不同国家意识形态的差异,其律师业背后的文化环境也有所不同。对律师文化形态的明晰.对解决当前律师职业危机有很重要的意义。本文着重从我国律师产生的背景和形成的社会文化角度.深入透析了律师执业现状的文化和制度根源,分析了当前我国律师职业危机问题,与读者共享,以期解决这些问题。 相似文献
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张震 《中国律师和法学家》2008,(1):44-49
律师服务业与市场经济一脉相承,律师文化关乎律师业的职业生命。挖掘律师职业文化的逻辑内涵、抽象律师职业文化的精神特质、建构中国特色的律师文化直接关系到中国律师职业整体的职业走向、职业价值和职业命运,不可等闲视之。无论中国有关律师职业制度定位的具体涵义怎麽变迁,也不论这些立法制度定位的优劣如何,基于律师职业作为国家上层建筑重要组成部分、市场经济服务主体与法律专业技术组织的特殊地位,中国特色律师文化作为中国律师职业整体的文化认同,均突出表现着公共服务性、专业竞争性、职业驰名性、市场稀缺性和政治边缘性持质。 相似文献
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基于西方的法律"职业主义"理论,自治组织可以表征为形成了某种具有资格认定、纪律惩戒和身份保障等等整套规章制度的自治性团体。由此,纪律惩戒权是为自治权的应有之意。然而在中国这样一个对现代律师制度的进口国,由于在移植西方律师制度的过程中刻意忽视了对该制度幼苗所扎根土壤的特性考察,因而导致了植株的必然"变异":法律职业(律师职业)这一从西方襁褓之中便具有的独立性萌芽却迄今未能顺利在中国本土开花结果。这似乎已成为律师制度研究领域的诟病。本文试图对律师职业自治权理论加以浅述,并通过对各国律师违纪惩戒权归属情况加以归纳,提出在我国律师行业现状下建立律师惩戒权制度体系的粗略框架。 相似文献
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Sthaneshwar Timalsina 《Journal of Indian Philosophy》2009,37(4):367-382
The concept of avidyā is one of the central categories in the Advaita of Śaṇkara and Maṇḍana. Shifting the focus from māyā, interpreted either as illusion or as the divine power, this concept brings ignorance to the forefront in describing duality
and bondage. Although all Advaitins accept avidyā as a category, its scope and nature is interpreted in multiple ways. Key elements in Maṇḍana’s philosophy include the plurality
of avidyā, individual selves as its substrate and the Brahman as its field (viṣaya), and the distinction in avidyā between non-apprehension and misapprehension. A closer investigation shows that Maṇḍana is directly influenced by Bhartṛhari’s
linguistic non-dualism in developing the concept of avidyā. This study also compares other key constituents such as
vivartta and pariṇāma that are relevant to the analysis of avidyā. As the concept of counter-image (pratibimba) emerges as a distinct stream of Advaita subsequent to Maṇḍana, this study also compares the application of pratibimba in the writings of Bhartṛhari and Maṇḍana. 相似文献
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David Mellins 《Journal of Indian Philosophy》2007,35(3):227-251
In his twelfth century alaṃkāraśāstra, the Candrāloka, Jayadeva Pīyūṣavarṣa reverses the sequence of topics found in Mammaṭa’s Kāvyapr-akāśa, an earlier and immensely popular work. With such a structural revisionism, Jayadeva asserts the autonomy of his own work
and puts forth an ambitious critique of earlier approaches to literary analysis. Jayadeva investigates the technical and aesthetic
components of poetry in the first part of the Candrāloka, prior to his formal semantic investigations in the latter half of the text, thus suggesting that aesthetic evaluations of
poetry beneficially inform scientific investigations of language. Jayadeva’s organization of his chapters on the semantic
operations, moreover, intimates that the study of suggestive and metaphoric functions of language clarifies our understanding
of denotation, which is conventionally understood to be the primary and direct path of verbal designation. 相似文献
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Douglas Osto 《Journal of Indian Philosophy》2009,37(3):273-290
This article argues for a new interpretation of the Sanskrit compound gaṇḍa-vyūha as it is used in the common title of the Mahāyāna text the Gaṇḍavyūha-Sūtra.The author begins by providing a brief history of the sūtra’s appellations in Chinese and Tibetan sources. Next, the meanings
of gaṇḍa (the problematic member of the compound) are explored. The author proposes that contemporary scholars have overlooked
a meaning of gaṇḍa occurring in some compounds, wherein gaṇḍa can mean simply “great,” “big” or “massive.” This general sense is particularly common in the compound gaṇda-śaila (a “massive rock” or “boulder”) and is found in such texts as the Bhāgavata Purāṇa, the Harivaṃśa and the Harṣacarita. Following the discussion of Gaṇḍa, the author examines the term vyūha (“array”) as it is used in the Gaṇḍavyūha-sūtra. The article concludes with the suggestion that a more appropriate translation of the Gaṇḍavyūha-sūtra would be “The Supreme array Scripture.” 相似文献
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Luminol, leuchomalachite green, phenolphthalein, Hemastix, Hemident, and Bluestar are all used as presumptive tests for blood. In this study, the tests were subjected to dilute blood (from 1:10,000 to 1:10,000,000), many common household substance, and chemicals. Samples were tested for DNA to determine whether the presumptive tests damaged or destroyed DNA. The DNA loci tested were D2S1338 and D19S433. Leuchomalachite green had a sensitivity of 1:10,000, while the remaining tests were able to detect blood to a dilution of 1:100,000. Substances tested include saliva, semen, potato, tomato, tomato sauce, tomato sauce with meat, red onion, red kidney bean, horseradish, 0.1 M ascorbic acid, 5% bleach, 10% cupric sulfate, 10% ferric sulfate, and 10% nickel chloride. Of all the substances tested, not one of the household items reacted with every test; however, the chemicals did. DNA was recovered and amplified from luminol, phenolphthalein, Hemastix, and Bluestar, but not from leuchomalachite green or Hemident. 相似文献
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In the study of Buddhism it is commonly accepted that a monk or nun who commits a pārājika offence is permanently and irrevocably expelled from the Buddhist monastic order. This view is based primarily on readings
of the Pāli Vinaya. With the exception of the Pāli Vinaya, however, all other extant Buddhist monastic law codes (Dharmaguptaka, Mahāsāṅghika, Mahīśāsaka, Sarvāstivāda and Mūlasarvāstivāda)
contain detailed provisions for monks and nuns who commit pārājikas but nevertheless wish to remain within the saṅgha. These monastics are not expelled. Rather, they are granted a special status known as the śikṣādattaka. In this paper I explore the rules. concerning pārājika penance and the śikṣādattaka with specific regard to monastic celibacy. Given that five out of six extant law codes recognise this remarkable accommodation
to the rule of celibacy, I argue that we must look to Vinayas other than the Pāli Vinaya if we are to arrive at a nuanced and representative view of Indian Buddhist monasticism.
Grant me chastity and continence, but not yet. Augustine of Hippo (354–430 C.E.)相似文献
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Alysa Levene 《The History of the Family》2013,18(2):67-79
This article traces new cycles of interest in past children as distinct from past childhood. Recent work highlighting that a conceptualisation of childhood existed even in periods with few written records closes the chapter begun by Philippe Ariès in 1960. Instead, there has been a new surge of interest in children on the edges of family life, as well as children in similarly liminal positions between the worlds of adults and children: runaways, delinquents and orphans. Several themes in the literature are identified, based on the conflicting ideas of ‘body/mind’, ‘victim/threat’, ‘needs/rights’. It is noted that researchers are using more imaginative ways of reaching the lived experience of children than the family or institutional framework, and that an increasing link is drawn between historical and modern concerns such as child abuse and the care of ‘at risk’ children. 相似文献
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Valerie Stoker 《Journal of Indian Philosophy》2007,35(2):169-199
This article explores the way in which Madhva (1238–1317), the founder of the Dvaita Vedānta system of Hindu thought, reformulates
the traditional exegetic practice of nirukta or “word derivation” to validate his pluralistic, hierarchical, and Vaiṣṇava reading of the Ṛgvedic hymns. Madhva’s Ṛgbhāṣya
(RB) is conspicuous for its heavy reliance on and unique deployment of this exegetical tactic to validate several key features
of his distinctive theology. These features include his belief in Viṣṇu’s unique possession of all perfect attributes (guṇaparipūrṇatva)
and His related conveyability by all Vedic words (sarvaśabdavācyatva). Such an understanding of Vedic language invokes the
basic nirukta presupposition that words are eternally affiliated with the meanings they convey. But it is also based onMadhva’s
access to a lexicon entitled Vyāsa’s Nirukti with which his critics and perhaps even his commentators seem to be unfamiliar.While
the precise status of this text is the subject of ongoing debate, Madhva’s possession of special insight into the sacred canon
is established in part by his unique claim to be an avatāra of the wind god Vāyu and a direct disciple of Viṣṇu Himself in
the form of Vyāsa1. Thus, Madhva’s use of nirukta invokes his personal charisma to challenge not only conventional understandings of the hymns
but traditional exegetic norms. Madhva’s provision of an alternative tradition of nirukta provoked sectarian debate throughout
the Vijayanagara period over the extent to which one could innovate in established practices of reading the Veda. Articulating
the Veda’s precise authority was a key feature of Brahmin debates during this period and reflects both the empire’s concern
with promoting a shared religious ideology and the competition among rival Brahman sects for imperial patronage that this
concern elicited. By looking at how two of Madhva’s most important commentators (the 14th-century Jayatīrtha and the 17th-century Rāghavendra) sought to defend his niruktis, this article will explore how notions of normative nirukta were articulated
in response to Madhva’s deviations. At the same time, however, examining Madhva’s commentators’ defense of his niruktis also
demonstrates the extent to which Madhva actually adhered to selected exegetic norms. This reveals that discomfort with Madhva’s
particular methods for deriving words stemmed, in part, from a more general ambivalence towards this exegetical tactic whose
inherent open-endedness threatened to undermine the fixity of the canon’s very substance: its language.
Vyāsa’s Nirukti is one of several ”unknown sources” cited in Madhva’s commentaries whose exact status continues to be debated.
Some scholars (e.g. Rao, Sharma, Siauve) maintain that these texts are part of a now lost Pāṅcarātra tradition that Madhva
is attempting to preserve. This may be true for many of these citations. However, in addition to claiming to be both an avatāra
of Vāyu and Viṣṇu-as-Vyāsa’s student, Madhva states in several places (e.g., VTN 42, RB 162) that the canon has suffered loss
during transmission and that only Viṣṇu can reveal it in its entirety. Thus, it is possible that Madhva intends texts like
Vyāsa’s Nirukti to be viewed as part of an ongoing and corrective revelation, a notion that is compatible with many Vaiṣṇava
traditions (Halbfass, 1991: 4). 相似文献
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Derek Dalton 《Law and Critique》2007,18(3):375-405
Drawing on interview data of gay men who have had their behavior in public spaces scrutinised by agents of the law for signs
deviance, this article explores the historical characteristics of police animosity towards such conduct in Australia. This
entails examining encounters between police and gay men who pursue desire in ‘beat’ (or ‘cottage’ to the use the UK term) spaces. Exploring why these outlaw gay male subjects are so abject and troubling to the law, the
discussion documents how law’s desire to regulate gay men plays out in the masquerade of ‘plain-clothes’ agent
provocateur operations where police entrap gay men by mimicking gay bodily appearances, gestures and mannerisms. This article also examines
how police regulation of gay desire functions as a form of violence that delimits expressions of same sex desire in public
spaces. A key theme that underpins the analyses in this paper is that the policing of desire in ‘beat’ spaces helps produce qualities of illicitness and dangerousness and that this, in turn, fuels the circuit of desire at play
between gay men and agents of the law.
相似文献
Derek DaltonEmail: |
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Agamben traces the bio-political essence of modern politics to the non-sacrificial killing of Homo Sacer in Roman law. Nancy,
on the other hand, links the history of Western politics to the fundamental logic of sacrifice in Western metaphysics. He
nevertheless contemplates the possibility that Western societies may finally have arrived at the threshold of a non-sacrificial
existence. Derrida seeks to resist the sacrificial logic of Western metaphysics and politics, but nevertheless appears to
accept it as an irreducible fact of human co-existence. Unlike Nancy, he envisages no actual or actualised beyond beyond the realm of sacrificial metaphysics and politics. He thus can be said to interrupt Nancy’s ‘myth’ of a non-sacrificial
partage. This article compares these three philosophical stances in the hope of throwing more light on the role of sacrifice in the
law and politics of our time.
Professor of Law, Rand Afrikaans University. Conversations with Ann van Sevenant, Carol Clarkson, Louise du Toit, Peter Fitzpatrick,
Costas Douzinas and Adam Thurschwell gave impetus to many of the themes developed in this article. Concomitant shortcomings
and inaccuracies, as always, are mine. 相似文献