论法官的法律思维

法律思维作为一种专业思维,是法治社会法律最基本的思维形式.法律思维是法律人共同的思维形式.法官作为整个社会利益的代表,在其职业思维中,必须考虑整个社会的秩序结构、价值结构和社会正义理想.法官的职业特点,决定其与其他法律人律师、检察官、法学者不同的思维特征.     

谈法律职业的结构与教育

社会实践已充分证明社会分工和专门化是时代的特征之一。法律职业也要求专门化,不同职别的法律工作者成为相应部类的专家或熟练人才。因此有必要对法律职业结构和法律职业教育进行研究。按照人才专门化的要求,可以把法官、检察官、律师、公证员等法律职业者看作直接从事司法实践工作的专业技术人才或称作法科类专业技术干部。根据国内外有关专业技术人才结构的资料表     

监狱职业技术教育社会化

监狱罪犯职业技术教育是提高罪犯改造质量和提高罪犯技能素质的重要手段，但是监狱面临的教育经费困难、办学方式和专业结构设置的不合理制约了职业技术教育的发展，吸引社会力量参与监狱职业技术教育，走社会化办学，促进资源共享、优势互补，将有力促进监狱职业技术教育的发展。     

入世后我省科技人才开发策略的宏观构想

吉林省专业技术人才队伍作为一个复杂的社会系统,既有其自身发展的内在规律,同时又与外部因素-经济社会的发展有着必然的联系.在向社会化和系统化演变的过程中,不同经济所有制单位、不同学科的专业技术人才,纵分横连构成了一个与科技、经济、社会发展有着千丝万缕联系的开放人才系统.加入WTO后,世界政治、经济、社会格局的一系列变化,必将为我们带来不可多得的发展机遇.如何抓隹机遇,全面提高我省人才队伍整体素质,使其迅速适应社会发展的需要,是值得研究的课题.     

专业社工介入社会性突发事件精神救助的瓶颈与突破

在社会性突发事件精神救助过程中有助于受害者身心康复,是社会文明的标志.社会性突发事件社会性特性要求在其精神救助系统建构中需要专业社工介入.而专业社会工作作为服务社会、发展社会的专业和职业,只有当其成为社会制度重要组成部分的时候,才能在制度层次上使得精神救助成为社会性突发事件,乃至人们相关需求的常态服务.而在此过程中,专业社会工作服务专业化、政府职能转变、公共服务提供模式转变、经济政策向社会政策转型、服务本土化切合我国城乡二元结构体系是专业社会工作介入精神救助发展模式的关键所在.     

社会分层对社会和谐的影响及启示——以社会分层类型学为视角的分析

社会分层对社会和谐的影响具有二重性。本文以多元社会分层为视角,通过对社会分层影响二重性的阐述和对不同社会分层类型的分析,认为政府应该积极引导社会合理分层,构建合理的社会分层结构,并有效利用社会分层维持社会稳定,促进社会和谐。     

从社会学的视角看学术期刊编辑的素质

依照社会学中的社会角色理论，从事任何职业的人都担当着一定的社会角色，这种社会角色要求他们有自己的行为规范；同时，社会对他们有一套行为期待或角色期望，希望他们按照一定的行为模式办事。一般而言，行为规范和行为期待是一致的，行为规范形成了一定的行为期待，一定的行为期待要求相应的行为规范。行为规范内化到个人就成为个人的素质。对同一职业来说，行为规范和行为期待是分层的．因此，对同一职业的个人素质要求也是分层的。学术期刊编辑的素质要求依据不同的行为规范和行为期待，可以科学地分为五个不同的层次。     

当代中国社会分层结构的历史演变及其启示

建国以来，我国的社会分层结构发生了重大的历史演变，从建国初期的“四大阶级”演变为只有工人与农民的“两大阶级结构”，但随之而来的是一种古老的“身份分层”悄然出现。改革开放以后，市场经济因素在中国的社会分层过程中的作用急剧增大，但传统的政治资源仍然左右着中国的社会分层格局。社会分层是人类社会发展进程中的普遍的和必然的现象，适度的社会分层、合理的社会分层结构有助于社会的稳定与发展。但要形成适度的社会分层和合理的分层结构，必须使之建立在大力发展社会生产力的基础之上，必须遵循社会分层的客观规律。     

入世后我省科技人才开发策略的宏观构

吉林省专业技术人才队伍作为一个复杂的社会系统,既有其自身发展的内在规律,同时又与外部因素—经济社会的发展有着必然的联系。在向社会化和系统化演变的过程中,不同经济所有制单位、不同学科的专业技术人才,纵分横连构成了一个与科技、经济、社会发展有着千丝万缕联系的开放人才系统。加入后,WTO世界政治、经济、社会格局的一系列变化,必将为我们带来不可多得的发展机遇。如何抓隹机遇,全面提高我省人才队伍整体素质,使其迅速适应社会发展的需要,是值得研究的课题。     

生成式人工智能的法律定位与分层治理

生成式人工智能改变了数字社会的生产架构,向既有的技术治理体系提出挑战。一是生成式人工智能呈现“基础模型—专业模型—服务应用”的分层业态,无法在现有的“技术支持者—服务提供者—内容生产者”监管框架中找到适配的法律定位;二是其传播模式和技术指标使得原有规制工具难以适用。生成式人工智能治理应符合其功能业态的技术逻辑,也应基于其在数字社会生产的地位,重新认识和调整生成式人工智能的法律定位,将模型作为新型的法律治理对象。生成式人工智能的基础模型因可接入千行百业而具有通用性,因同时提供信息内容与机器所需合成数据而具有强大赋能性,是人工智能时代的新型数字基础设施。应构建“基础模型—专业模型—服务应用”的分层治理体系,在不同的层次适配不同的规制思路与工具。在基础模型层以发展为导向,将其作为数字社会新型基础设施设置法律制度;在专业模型层以审慎包容为理念,进行分级分类并设置合理避风港规则;在服务应用层实施敏捷治理,建立合理容错制度。由此,我国得以从单一场景的算法治理发展为适应不同治理目标的复合型系统性治理。     

Bhartṛhari and Maṇḍana on Avidyā

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.     

Unraveling the <Emphasis Type="Italic">Kāvyaprakāśa</Emphasis>: Jayadeva Pīyūṣavarṣa’s idiosyncratic sequence of topics in the <Emphasis Type="Italic">Candrāloka</Emphasis>

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.     

The Supreme Array Scripture: A New Interpretation of the Title “Gaṇḍavyūha-sūtra”

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.”     

Evaluation of six presumptive tests for blood, their specificity, sensitivity, and effect on high molecular-weight DNA

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.     

Monks Who Have Sex: Pārājika Penance in Indian Buddhist Monasticisms

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.)

     

Turning a Madhyamaka Trick: Reply to Huntington

Huntington (2007); argues that recent commentators (Robinson, 1957; Hayes, 1994; Tillemans, 1999; Garfield and Priest, 2002) err in attributing to Nāgārjuna and Candrakīrti a commitment to rationality and to the use of argument, and that these commentators do violence to the Madhyamaka project by using rational reconstruction in their interpretation of Nāgārjuna’s and Candrakīrti’s texts. Huntington argues instead that mādhyamikas reject reasoning, distrust logic and do not offer arguments. He also argues that interpreters ought to recuse themselves from argument in order to be faithful to these texts. I demonstrate that he is wrong in all respects: Nāgārjuna and Candrakīrti deploy arguments, take themselves to do so, and even if they did not, we would be wise to do so in commenting on their texts.     

Family breakdown and the ‘Welfare Child’ in 19th and 20th century Britain

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.     

Vedic Language and Vaiṣṇava Theology:Madhva’s Use of Nirukta in his Ṛgbhāṣya

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 14^th-century Jayatīrtha and the 17^th-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).     

Student mentoring to enhance graduates’ employability potential

This paper considers whether the adoption of a subject-specific, classroom-based, voluntary extra-curricular student mentoring scheme could provide an effective mechanism and andragogic approach to enhance higher education students’ employability potential pre-graduation.Over the three-year pilot, 26 more advanced (second to fourth year) undergraduate students actively mentored nearly 400 first year undergraduate students during workshops delivered annually within forensic and policing focused courses. In total, 17 mentors anonymously completed online, post-scheme surveys. Survey data was quantitatively analysed to evaluate the scheme, establish which skills and attributes mentors had developed and investigate whether mentors could appropriately identify example skills within professional terminology used during employer recruitment. In addition, this paper reflects on the implementation of remote student mentoring during the COVID-19 pandemic and its adoption within a blended learning framework.The results from this research strongly support mentoring as an effective mechanism to develop undergraduate employability skills, significantly developing mentors’ self-confidence and self-efficacy in their interpersonal and communication skills. Although mentors were aware of university graduate attributes and thought they could evidence these with appropriate examples, in practice this was not necessarily the case. As a result, a framework is proposed to enable mentors to identify their skills and how they may align with competencies sought by relevant forensic and policing employers. However, other andragogic practices may need to be implemented to maximise the potential for successful graduate employment.     

The Mūlāvidyā Controversy Among Advaita Vedāntins: was Śaṅkara Himself Responsible?

The concept of avidyā or ignorance is central to the Advaita Vedāntic position of Śȧnkara. The post-Śaṅkara Advaitins wrote sub-commentaries on the original texts of Śaṅkara with the intention of strengthening his views. Over the passage of time the views of these sub-commentators of Śaṅkara came to be regarded as representing the doctrine of Advaita particularly with regard to the concept of avidyā. Swami Satchidanandendra Saraswati, a scholar-monk of Holenarsipur, challenged the accepted tradition through the publication of his work Mūlāvidyānirāsaḥ, particularly with regard to the avidyādoctrine. It was his contention that the post-Śaṅkara commentators brought their own innovations particularly on the nature of avidyā. This was the idea of mūlāvidyā or ‘root ignorance’, a positive entity which is the material cause of the phenomenal world. Saraswati argues that such an idea of mūlāvidyā is not to be found in the bhāṣyas (commentaries) of Śaṅkara and is foisted upon Śaṅkara. This paper attempts to show that although Śaṅkara may not have explicitly favoured such a view of mūlāvidyā, his lack of clarity on the nature of avidyā left enough scope for the post-Śaṅkara commentators to take such a position on avidyā.