Morality without Intention

Abstract

An examination of how, in literature, silence and veiling are related to moral significance. The paper emphasizes Walter Benjamin’s essay on Goethe’s Elective Affiniites and Nathaniel Hawthorne’s “The Minister’s Black Veil” and poses the question of how the literary can possess moral meaning or effect when, as in these two works, silence and veiling appear as a means of refusing or denying intention. Benjamin’s and Hawthorne’s different critiques of the symbol are presented as the central issue around which the possibility of moral meaning is decided as an intentionless act. Benjamin’s preservation of the moral is interpreted as the cause of the paradoxical and contradictory sources of the expressionless and its critical violence as well as the veiling and secrecy he identifies as forming the true work of art. Against this account, Hawthorne’s story is read as the refusal of any preceding secret as the basis of a moral claim and thus as the defining category of the work of art.     

The Council: An Institutional Chameleon?

Council reform is a topic that has become a key issue in the wider discussion about reshaping the institutions of the European Union. This article explores five different images of the Council: as a partner of the Commission; as a club of governments; as a venue for competition and bargaining between governments and other political actors; as an arena for networked governance; and as a consortium for developing "transgovernmental" collaboration. It is conventional to examine the Council as both executive and legislative in character. More interesting, perhaps, is its evolving practice as a forum for experimentation.     

Can Administrative Measures Resolve a Political Conflict?

The current controversy over the politicization of science by the Bush administration is, by definition, a political controversy. As such, it must be addressed by political measures as well as the administrative strategies that Dr. Lambright suggests. The administration's actions go beyond the bounds of "business as usual" and reflect the interests of its powerful constituencies, as well as the unease of many citizens with some scientific and technological advances. Scientists need to engage these citizens and take their concerns into account in order to build trust between the scientific community and the public, as well as to impede unscrupulous politicians from distorting scientific information to suit their purposes.     

智慧资本、表征资本、产业资本与北京文化创意产业

本文从"智慧资本"、"表征资本"和"产业资本"三个方面论述了北京文化创意产业的概念,提出以创新为"智慧资本",以文化为"表征资本",以产业为"经济资本",构建以"创意"为本体,"文化"和"产业"为资本构架,"智慧资本"为自主创新动力的文化创意产业。     

Why Political Science Needs History

This paper examines the changing relationship between the study of history and the study of political science. It reviews the tensions which produced a divorce between the two subjects, particularly in the United States when behavioural political science was dominant. It then examines five areas in which history has enriched the study of politics: as a source of material; as a demonstration of the links between the present and the past; as a body of knowledge to test theories; as a means of analysing political concepts and as a source of lessons. It concludes that the links between the two subjects today are strong, but that the contribution of history is more as a body of knowledge than as a set of distinctive methods.     

Punishing environmental crimes: An empirical study from lower courts to the court of appeal

We analyze judicial policy lines concerning the punishment of environmental crime using a unique European dataset of individual criminal cases, including case‐specific information on offenses and offenders. We investigate policy choices made by lower criminal courts, as well as their follow‐up by the relevant court of appeal. The sanctioning policy of the courts has proven to be varied as well as consistent. Judges carefully balance effective and suspended penalties, most often using them cumulatively, but in specific cases opting to use them as substitutes. Overall, both judges in lower and appeal courts balance environmental law and classic criminal law and aim at protecting individuals and their possessions as well as the environment.     

Public-Private Partnerships als Gegenstand der (Politik-)Wissenschaft

The article reviews the state of research on public-private partnerships (PPP) which, following a development in the Anglo-Saxon countries, in the past few years have been introduced as a policy tool in Germany as well. Based on a short conceptual and historical introduction, recent political science publications as well as contributions from economic, legal, and administrative scientists are systematized and critically assessed. This also includes a review of selected publications on PPP experiences in Britain. Finally, the paper discusses relatively neglected research issues, including methodological deficits as well as problems of input legitimacy.     

我国反洗钱犯罪立法中存在的问题及对策

目前我国反洗钱犯罪的立法中存在着上游犯罪范围过窄、洗钱罪的主体和罪过形式有限、缺乏专门的反洗钱法等问题,这些严重阻碍了金融和司法机关对我国洗钱犯罪的控制和打击。而从我国洗钱犯罪的现状看应有步骤地扩大上游犯罪范围,尽快制定出专门的反洗钱法,加强反洗钱的国际合作以有效地预防和打击我国日益高涨的洗钱犯罪活动,维护经济和社会秩序的稳定。     

‘Does Sex Matter to Democracy?’– A Comment

Two aspects of the relation between sexual difference and democracy are discussed: (i) the construction in classic contract theory of the 'natural' difference between the sexes as a relation of superiority and subordination; (ii) the peculiarities and paradoxes of women's standing as citizens as the 'different' sex. This is illustrated by the examples of motherhood - women have been seen as having a distinctive political duty as mothers, but motherhood is also seen as the antithesis of citizenship - by the difficulties surrounding women and consent, and by the questions raised by contemporary feminists about the meaning of ('normal') 'sex'.     

Workers without rights as citizens at the margins

This article presents a normative account of citizenship which requires respect for labour rights, as much as it requires respect for other human rights. The exclusion of certain categories of workers, such as domestic workers, from these rights is wrong. This article presents domestic workers as marginal citizens who are unfairly deprived of certain labour rights in national legal orders. It also shows that international human rights law counteracts the marginal legal status of this group of workers. By being attached to everyone simply by virtue of being human, irrespective of nationality, human rights can complement citizenship rights when both are viewed as normative standards. The example of domestic work as it has been approached in international human rights law in recent years shows that certain rights of workers are universal. Their enjoyment cannot depend on citizenship as legal status or on regular residency. The enjoyment of labour rights as human rights depends, and should only depend, on the status of someone as a human being who is also a worker.     

Discursive Dislocation: Toward a Poststructuralist Theory of Crisis in Global Politics

In the discipline of International Relations (IR) and beyond, the concept of crisis is essentially contested, and one specific usage, it seems, is called into question by alternative uses of the term. The article develops the argument that crisis must not be misunderstood as exogenous to social construction; indeed, the very notion of crisis only makes sense if understood as produced entirely in what we will later specify as discourse. In this way, it can be illustrated how allegedly objective crises are expressions of particular configurations of social forms of power. The discourse theoretical notion of dislocation will be introduced in order to develop an understanding of crisis as a qualitative as well as constitutive feature of the social crisis. Crisis can in this sense be seen as a permanent attribute of the social, not some transitory condition that appears from time to time.     

我国生态系统服务价值研究进展及现实问题探析

生态系统有价和有偿使用已成共识。通过对生态系统服务价值研究方法和主要几类生态系统的服务价值研究结果进行梳理,发现生态系统服务价值相关评估方法的科学性、数据选取的可信度和研究结果的准确性以及研究结果应用的可行性等几个方面面临一些现实问题,影响到评估结果的采纳和应用。随着可持续发展战略的深入实施,迫切需要对生态系统服务价值评估方法和现实问题进行深入探讨,重新定位生态系统的价值和价格。     

Citizen,Customer, Partner: Rethinking the Place of the Public in Public Management

Scholars and practitioners have long debated what role the public should play in public management. When members of the public interact with the administrative side of government, should they be treated as customers, as citizens, or in some other manner? This article takes as its premise that members of the public assume three principal roles relative to public management: as customers, as partners, and as citizens. After placing these roles in the context of the history of public administration, the article draws from recent research to recommend guidelines for how public managers can work effectively with the public in these several capacities.     

Hollywood and the Spectacle of Terrorism

As terrorist actions, both state and non-state, have spread in both frequency and destructive power since the 1960s, the topic has become an enduring source of narratives, fantasies, and myths that have contributed to Hollywood filmmaking with its familiar emphasis on international intrigue, exotic settings, graphic violence, and the demonization of foreign threats. Images of political violence have a strong appeal in the US, where the gun culture, civic violence, crime sprees, and a thriving war economy permeate the landscape. The al Qaeda attacks of 9/11 heightened public fascination with terrorism, fueled by mounting fear and paranoia, and this was destined to inspire a new cycle of films in which on-screen terrorism dramatizes elements of real-life threats that now include possible weapons of mass destruction. The “war on terror,” driven as much by US strategy to reconfigure the Middle East as by the events of 9/11, serves as the perfect backdrop for film industry productions of violent high-tech spectacles, now a major staple of media culture. For cinema as for politics, the “Middle East” now exists as a mystical category largely outside of time and space, a ready source of dark fears and threats. At the same time, corporate-driven globalization, viewed as a cultural as well as economic and political process, feeds into modern terrorism as political violence (including militarism) sharpens its capacity to attack, disrupt, and surprise—the same features now so integral to the Hollywood film industry. We see jihadic terrorism as not only a virulent form of blowback against US imperial power but as possibly the darkest side of neo-liberal globalization.     

Islamism,secularization, secularity: the Muslim Brotherhood in Egypt as a phenomenon of a secular age

The paper outlines parallels between the processes of secularization and secularity in the West, as interpreted by José Casanova and Charles Taylor, and Islamism as a modern social and political phenomenon. It focuses on the Egyptian Muslim Brotherhood’s history and ideas and specifically on a number of public documents detailing its social and political vision. I argue that if we define ‘secularization’ not only as the weakening of religious belief, but as the institutional differentiation of modern state structures and the marginalization of religion, and ‘secularity’ as the process whereby faith becomes one option among others and religion becomes an identifiable set of beliefs seen as guidelines for reform, the Brotherhood, similarly to other Islamist entities, is a phenomenon of a ‘secular age’.     

司法鉴定人制度研究

鉴定人在英美法系国家作为当事人的“专家证人”与证人共存于证人规则框架之下,在大陆法 系国家作为法官的“科学辅助人”被纳入准司法官员的范畴内,两大法系形成了各有利弊的鉴定人制度。我 国的鉴定人制度虽与它们不同,但在基本精神、法律性质等方面仍有相似之处,应在对两大法系鉴定人制度 和我国现行的鉴定人制度综合分析的基础上,根据人大常委会《决定》确立的思路,建构科学、合理、有效的 鉴定人制度。     

Principal–Agent Analysis and Pathological Delegation: The (Almost) Untold Story

Principal–agent (PA) has come a long way since it was introduced to the political science sphere. Nowadays, PA has established itself as an institutional midrange theoretical framework that encompasses various methodological as well as theoretical approaches. This article argues, however, that scholars still assume, a priori, that the agent is an opportunistic and disloyal actor. This article seeks to question this theoretical assumption by demonstrating how principals could be as much problematic as their agents, a phenomenon that it terms “pathological delegation.” In so doing, it offers a first analysis of the small strand of the literature that examines problems embedded in the principals' side as well as provides new empirical evidence in the context of the European Neighbourhood Policy. Finally, the article posits that scholars should not treat pathological delegation as an anomaly but rather attempt to integrate, test, and develop new theoretical assumptions on this phenomenon.     

Procreation and the succession of generations

"This article presents a complex conceptual and methodological proposal.... The study proposes an analysis similar and complementary to the abstract models of formal demography. Specifically, the article considers the practices and strategies of procreation, as well as the subjectiveness of people as constitutive elements of a succession of generations, as observed on different analytical levels." (SUMMARY IN ENG)     

Appropriating Nature in Crisis-ridden Greece: The Rationale of Capitalist Restructuring,Part 1

The ongoing crisis in Greece constitutes an emblematic case of repressive capitalist restructuring. In this first part of a two-paper series, we argue that public debt is used as a vehicle for furthering the neoliberal transformation of Greek society with serious implications for the appropriation of nature. We present theoretical considerations about nature in capitalism, the rationale of neoliberal capitalist restructuring, as well as the relation between nature and neoliberalism. We finally present the timeline of the Greek crisis, as well as how the three structural adjustment programs wrought a severe capitalist restructuring upon Greece.     

宪政与民主的复杂关系

从民主的角度对宪政进行定义是一种普遍的方式。因为,民主和宪政具有和谐关系。这既体现在二者在理论基础、制度设计和价值目标上的相同之处,又体现在民主能对实现宪政的目标即限制权力有援助作用。但这种亲和性并不能掩盖民主与宪政潜在的差异。它们二者间甚至还可能存在潜在的冲突关系。因此,民主与宪政处于复杂的关系当中。