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社会科学研究方法领域存在一定程度的模糊和混乱.梳理了社会科学研究方法的层次,分析亍实证主义、解释主义和批判理论三种常用的社会科学研究范式在方法论、研究方式和具体方法与技术方面的区别. 相似文献
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Panu Minkkinen 《Human Rights Review》2007,8(2):33-51
Taking as its starting point the commonly held claim about the obscurity of the concept of sovereignty, the article first
identifies a fundamental paradox between the classical Westphalian notion of state sovereignty and human rights. In the rhetoric
of international politics, attempts to establish the responsibility of states to respect human rights and fundamental freedoms
within their jurisdictions are often countered with claims referring to the “sovereign equality” of all states and the subsequent
principle of non-intervention. The article suggests that in a more contemporary understanding of sovereignty the responsibility
of a state to respect human rights and fundamental freedoms is seen as a constituent ingredient of the state itself. The chapter
continues to elaborate how this change has come about. The classical notion of sovereignty is illustrated through a reading
of Bodin’s Six Books of the Commonwealth (1576). In Bodin’s world, sovereignty is a constitutive element of the state, and
the possibility of a multitude of sovereign entities in a global world logically denying the possibility of any “supra-national”
normative framework is still a minor consideration. This possibility is only worked out with the emergence of international
law. In both classics such as Emmerich de Vattel’s The Law of Nations (1758) and more contemporary treatises such as Lassa
Oppenheim’s International Law (1905), state sovereignty has become conditional to recognition by other sovereign states and
a subsequent membership in the “family of nations.” The conditional membership in the “family of nations” involves a contradiction:
a sovereign state must act in a “dignified” manner, it must use its sovereignty with “restraint” by respecting the human rights
and fundamental freedoms of its citizens, i.e., it must employ its sovereignty in a non-sovereign way. This restriction of
sovereignty, addressed as “ethical sovereignty,” becomes a constitutive element in a post-Westphalian state and a central
ingredient in the contemporary doctrine of humanitarian intervention. The article further criticizes the various uses (and
abuses) of “ethical sovereignty” in the regulation of “failing” and “rogue” states and concludes by identifying its general
political dangers. Finally, with reference to Jacques Derrida’s Rogues (2003), the article suggests a more radical reappraisal
of the concept of sovereignty.
It is a fact that sovereignty is a term used without any well-recognised meaning except that of supreme authority. Under these
circumstances those who do not want to interfere in a mere scholastic controversy must cling to the facts of life and the
practical, though abnormal and illogical, condition of affairs.1
—Lassa Oppenheim
But to invoke the concept of national sovereignty as in itself a decisional factor is to fall back on a word which has an
emotive quality lacking meaningful specific content. It is to substitute pride for reason.2
—Eli Lauterpacht 相似文献
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