法律思维的逻辑基础

法律思维是一种职业思维方式,它不能违背一般逻辑思维规律.法律思维是一种运用形式逻辑规则的反省性思维.人们可以运用形式逻辑规则反思关于法律问题的种种判断.这实际上是从逻辑学的角度论证了法律思维的可能性.本文主要是通过比较霍姆斯法官"反逻辑"的思维模式,评价了狄亚瑟法官的法律思维,强调了法律思维的基本工具是形式逻辑的规则.     

Appropriateness and Consequences: The Logic of Neo-Institutionalism

Skeptical questions may be raised about the neo-institutionalist approach of James G. March and Johan P. Olsen, in which a "logic of expected consequences" is set against a "logic of appropriateness": (1) it is difficult to determine what kind of constructs the so-called logics are—whether they are to be seen as perspectives, theories, or ideal types; (2) the logics, far from being mutually excluding, overlap very considerably; (3) analytical utility is debatable not only in the case of the "logic of expected consequences" but also when it is a matter of the "logic of appropriateness"; (4) the normative virtue of substituting a "logic of appropriateness" for a "logic of expected consequences" is less obvious than March and Olsen's readers may be led to think. It is tempting to conclude that March and Olsen's approach has proven compelling because of its consequences for the scholarly community rather than by virtue of its analytical appropriateness.     

European Defence Agency: A Flashpoint of Institutional Logics

The European Defence Agency (EDA) works in a policy area traditionally characterised by high diversity among actors regarding basic notions of what level of integration and which principles of interaction in the defence sector are appropriate for the EU, which countries should participate in defence cooperation, and what coordination mechanisms and instruments should be used. In all these dimensions, the EDA has been a flashpoint of institutional logics representing different visions of how various aspects of defence integration in the EU should be organised. There are tensions between the logic of supranational regulation and the logic of intergovernmental networking; between the logic of defence sovereignty and the logic of pooled defence resources; between the Europeanist and the Euro-Atlanticist logic; and finally between the logics of liberalisation and Europeanisation of the defence market. Studying the ways in which the collisions of institutional logics are being accommodated by the EDA can contribute to greater understanding of the emerging political order of European defence.     

Populism versus Democracy

This article provides a comparative conceptual analysis of the logic of populism and the logic of (constitutional) democracy. Populism is defined as a thin-centered ideology which advocates the sovereign rule of the people as a homogeneous body. The logic of this ideology is further developed in reference to the work of Carl Schmitt and is shown to generate all the characteristics typically ascribed to populism. The logic of democracy is analyzed on the basis of the work of Claude Lefort and defined as a regime in which the locus of power remains an empty place. This analysis replaces the widespread model of constitutional democracy as a paradoxical combination of a constitutional and a democratic pillar. This two-pillar model fails to appreciate the internal coherence and some of the main features of the (constitutional) democratic logic. Thereby, the two-pillar approach gives rise to an understanding of populism as continuous with the democratic promise of constitutional democracy. In contrast, our analysis explains populism as the closure of the empty place of democracy. This highlights the antagonistic discontinuity between the logic of populism and the logic of democracy.     

Marcuse’s Hegel: Hope and Despair in the Logic of Negation

Marcuse’s Reason and Revolution found a rich reception in the 1960’s field of Hegel/Marx commentary. This rereading challenges Marcuse’s reduction of Hegel’s dialectical logic to a logic of negation. It describes weaknesses in Marcuse’s Hegel paraphrases, and argues that Marcuse’s bold leap to a Revolutionary logic rejects Hegel’s method: turning instead to Kant’s transcendental logic, and leading his readers into an antinomy of hope and despair.     

商业逻辑与青年亚文化

青年亚文化与商业逻辑的关系长久以来困扰着研究者们,大多数学者认为,亚文化只有远离商业逻辑和商品消费才能保持自身的独立性和反叛性。随着新媒体、消费社会和全球化语境的来临,商业逻辑不再局限于借用、占有、嵌入亚文化的被动状态,商业可以主动激发、形塑青年亚文化,商业利益与文化认同并不完全是对立矛盾关系。     

Netzwerkstruktur, Handlungslogik und politische Räume: Institutionenwandel in europäischen und nordamerikanischen Grenzregionen

This paper is a contribution to the debate on political order and governance in a “debordered world” beyond the “Westphalian system”. It is based on empirical information about the development and change of political institutions in cross-border regions in Europe and North America in the 20th century. First, it is shown that the nation state is loosing its gate keeper role at the end of the century and that various sub-national actors institutionalise independent cross-border links or participate on an equal footing. Therefore, the pattern of interaction is changing from formal hierarchies to networks. Nevertheless, if we define hierarchies and networks as modes of governance, we cannot conform such a change since the mode of interaction has not changed over the years. There does not exist and never has existed any other mode of interaction as “negotiated agreement”. What has changed is the institutional logic for finding such a cross-border agreement. Whereas older institutions were designed to find a common solution by using a technocratic-deductive logic, younger institutions use a symbolic-inductive logic (mainly in Europe). In North America they are based either on a rationalistic-evolutionary logic (at the US-Mexican border) or on a discursive-constructivist logic (in the Pacific Northwest). Also in respect to the much proposed tendency towards “deterritorialization” of political orders we find strong differences between the continents: Whereas in Europe even the younger institutions are based on “spaces of place”, in North America the more recent institutions are much more oriented towards “spaces of flows”.     

Changing Planning by Changing Practice: How Water Managers Innovate Through Action

ABSTRACT

In this study, we show how water managers who were not in strategic decision-making positions strategized in order to innovate water management practice. They undertook actions in order to infuse water management with a pragmatic logic that in their view would be better able to handle complexity. They addressed the requirements of an organizational context dominated by rational comprehensive planning as the model for acceptable action and associated forms of organizing that honor formally regulated responsibilities. Existing organizational practices and the logics grounding these were the counterpoint of their strategy, as well as the source on which they drew. Conventional forms of planning and organization were changed from within, through insider action woven into existing organizational process and form. Although acting from a logic that competed with established practices, these managers avoided confrontation and battle on the level of logic. They rather strategized by harnessing existing practices.     

Transnational private governance between the logics of empowerment and control

Transnational private governance initiatives that address problems of social and environmental concern now pervade many sectors. In tackling distinct substantive problems, these programs have, however, prioritized different problem‐oriented logics in their institutionalized rules and procedures. One is a “logic of control” that focuses on ameliorating environmental and social externalities by establishing strict and enforceable rules; another is a “logic of empowerment” that concentrates on remedying the exclusion of marginalized actors in the global economy. Examining certification programs in the areas of fair trade, organic agriculture, fisheries, and forest management, we assess the evolutionary effects of programs prioritizing one logic and then having to accommodate the other. The challenges programs face when balancing between the two logics, we argue, elucidate specific distributional consequences for wealth, power, and regulatory capabilities that private governance programs seek to overcome.     

政治安全问题的微观根源：基于制度与生活逻辑的分析

经济社会的深刻转型与风险社会的渐趋深化，渐次引发了现代理性对传统制度价值的撕裂式解构“，生活的政治”日渐进入民众的日常生活体验中。基于宏观层面的分析视角已然无法有效概括、诠释乃至应对政治安全话语体系中的诸多问题，由此引发的理论迷思与实践困境启示我们应突破国家与社会的实体论和二元对立思想，打通从国家逻辑的宏大叙事到生活逻辑的日常叙事之间的壁障，从而在对政治安全制度逻辑的分析过程中，建构一个基于微观层面的替代性分析框架。制度的失场、僵化以及制度间的抵牾，都会成为政治安全问题衍生的结构性根源，应基于对制度与生活逻辑的细致观察而探寻政治安全实现与维系的微观基础。     

Beyond Hierarchies and Networks: Institutional Logics and Change in Transboundary Spaces

In almost all subfields of political science in the last third of the twentieth century, it was claimed that we are witnessing a transformation of political order from hierarchies to networks. This paper traces institutional change during the twentieth century by examining structures and modes of interaction in transboundary regions in Europe and North America. First, it challenges functionalist explanations of institution-building and institutional change. Instead, the impact of general discourses and ideas is highlighted. Second, it takes a closer look at the hierarchies-to-networks transformation thesis. Whereas this thesis can be confirmed if we define hierarchies and networks as patterns of interaction, if we define hierarchies and networks in terms of modes of interaction this is less certain. De jure, institutional elements implying a "hierarchical order" have been supplanted in newer institutions by provisions allowing for "majority voting." De facto, nothing has changed, since these modes of interaction have never actually been used. In practice, the only way to achieve joint action has always been and still is through "agreement" or "consent." What has changed over the years, though, is the institutionalized approach to reaching "agreement." The older approach uses a technocratic-deductive logic. In recent years, we have been able to observe various new approaches in cross-border regions: a symbolic-inductive logic in Western Europe, a utilitarian-evolutionary logic along the U.S.-Mexican border, and a normative-constructivist logic along the U.S.-Canadian border. Based on the empirical findings, I conclude that institutional theory should pay more attention to the fact that many political institutions provide orientation, shape identities, and mobilize activities through emotional symbols.     

廉洁政治:内涵、结构与运行逻辑

十八大报告在党的重要文献中第一次提出"廉洁政治"这个概念,要求做到干部清正、政府清廉、政治清明。从政治发展角度来看,廉洁政治是现代国家治理的必然要求。廉洁政治内涵具有三个理论维度:政治设计、价值取向和实践状态。政治设计为廉洁政治建设提供合法性,价值取向为廉洁政治建设提供发展方向,实践状态让政治设计和价值取向实现统一,从而为廉洁政治建设开辟道路。廉洁政治的内在结构包括廉洁政治观念、廉洁政治关系和廉洁政治行为三个部分,这三个部分具有一定的逻辑关系,从廉洁政治观念到廉洁政治关系再到廉洁政治行为,一个比一个更接近于政治生活现实。建设廉洁政治应遵循并实现法治逻辑、制度逻辑和治理逻辑的统一:法治逻辑要求依法治腐,把所有廉政建设事务纳入法制框架;制度逻辑要求制度反腐,推进宏观层面的行政体制改革、中观层面的廉政制度建设以及微观层面的分权机制探索;治理层面要求实现廉政组织重构、廉政资源配置、廉政信息公开、廉政主体合作等。     

切莫忽视逻辑教学

作为研究人类思维形式及思维规律的逻辑学与语文学习的关系十分密切，语文学习就是运用逻辑的过程。现代语文及各科教学强调掌握学习方法及思维训练，加强逻辑知识学习则是实现语文教学目标的重要途径。     

The State as Investment Market: A Framework for Interpreting the Post‐Soviet State in Eurasia

What type of state has emerged in post‐Soviet Eurasia, and what kind of theoretical framework can help us understand its behavior and performance? This article argues that we can usefully understand the logic of political and administrative organization in terms of a kind of “investment market.” Access to the state is frequently determined by actual financial payment. Would‐be officials invest in offices to obtain access to a stream of income associated with an office. This framework represents a novel perspective on the post‐Soviet state, which has hitherto either been premised on modernization theory or emphasized a robustly personalistic logic of political organization.     

The conservative political logic: a discourse-theoretical perspective

In contrast to other core constituents of modern politics, conservatism has not been the object of much discursive-constructivist rethinking. Inspired by Laclau’s work and by Glynos and Howarth’s discourse-theoretical development of the notion of logics, this article sets out to identify the conservative political logic. Conservative politics, it argues, articulate demands as conservation, envisaged as a process of ensuring the desirable continuity of the social order between past, present and future, in opposition to a (demand for) change that is argued to constitute a dislocatory threat to the continuity of the social order. The conservative political logic interpellates citizens as members of that threatened social order, and presents conservative politics as the way to protect this threatened social order. Building on a critical discussion of dominant approaches to conservatism, the article proposes to identify the more formal logic that structures conservative rhetoric as an alternative for a substance-based ideological definition of conservatism. The distinctiveness of the discourse-theoretical perspective on conservative politics becomes more pronounced as the article moves on to argue that conservatism discursively constructs changes as threats to the social order, and, finally, shows how conservative politics discursively construct and reproduce the social order they (cl)aim to conserve.     

牢记初心使命与推进自我革命的逻辑蕴涵

牢记初心使命与推进自我革命互为前提、相得益彰。从理论逻辑来看,牢记初心使命与推进自我革命本质一致;从历史逻辑来看,牢记初心使命与推进自我革命相辅相成;从现实逻辑来看,牢记初心使命与推进自我革命互为动力。揭示牢记初心使命与推进自我革命的内在蕴涵,打开牢记初心使命与推进自我革命在理论维度、时间维度和空间维度相互联结的视野,既有助于全党深入开展“不忘初心、牢记使命”主题教育活动,也有助于增强新时代中国共产党人勇于刀刃向内、不断自我革命的精神力量,从而锤炼政治品格,锻造过硬本领,永葆党的本色,始终如一践行初心,勇担使命。     

运动模式下的基层标准化治理困局与突破--基于三维制度逻辑的多案例研究

带有运动模式特质的标准化治理在提升管理效率的同时,也遭遇了基层实践困境,表现为痕迹主义与有效监督并行、形式主义与标准管理共生。把握基层标准化的尺度,将实现基层行政的系统性平衡作为改革探索的重点,研究建立“科层控制、专业化管理和社会协同”三维制度平衡的分析框架,并以此作为解局与破局的理论模型。研究发现,运动模式下的标准化治理困局缘于科层控制逻辑下基层产生的邀功与避责的心态,标准化治理在运动模式下的实践中经常呈现为“悬浮”状态;而专业化管理逻辑打破了原有的制度平衡,使天平一端倾向于科层逻辑,最终导致基层标准化治理的困境;社会协同逻辑作用发挥需要相关主体及时参与到反馈机制中,但实际与前两者脱离。当前需要从制度逻辑平衡的角度出发,自下而上地构建起基层标准化框架,真正解决基层标准化治理困境。     

The economic tradition and the constitution of science

There has been an institutional turn in the philosophy of science, which has led the discipline to become more concerned with understanding how the scientific process actually works. This paper argues that such a philosophy of science, which lies beyond only proposing a logic of science, has something to learn from economics. Economic thinking can be instrumental in understanding the actual scientific process, and in proposing proper institutions guiding scientific competition. It is, however, also argued that economics would benefit from overcoming the pure logic of choice inherent to the neoclassical approach, by further developing the institutional approach to economics.     

Governing austerity in the United Kingdom: anticipatory fiscal consolidation as a variety of austerity governance

This paper analyses the logic underpinning austerity governance in the United Kingdom. Taking the UK’s relative fiscal and monetary policy autonomy as a starting point, the paper unpacks and analyses how the United Kingdom has charted a successful course between the imperatives of social stability and market credibility. At the heart of this ‘success’ is a fundamentally anticipatory governing logic. Fiscal consolidation was justified and enacted as a pre-emptive and preventative intervention in order to anticipate an indebted and thus disciplined future. Contrary to conventional wisdom, then, UK austerity is not necessarily geared only towards swingeing spending cuts, because the direction of travel towards an imagined debt- and deficit-free future is just as important as reaching the destination itself under the logic of anticipatory fiscal consolidation.     

农民工城市生活的实践逻辑——基于济南市的个案研究

本文运用实践社会学的研究方法,试图把握农民工在城市生活的实践逻辑。根据布迪厄四大资本类型将实践世界分析性地划分为经济世界、社会世界、文化世界和象征世界,运用统一的数学语言和术语提炼出了四大实践逻辑:经济世界的非线性逻辑、社会世界的同心圆逻辑、文化世界的临界点或者拐点逻辑和象征世界的坐标系逻辑。