文化研究中的哲学历史观问题

文化可以从动和静两种形式考察,这相当于老子所谓“履”和“迹”的关系。人类的社会生活实践总是从动的形式转化为静的形式,即从时间形式转化为空间形式。要真正达到文化自觉,不能局限于空间形式的考察,而要坚持唯物史观的实践动态观点。     

Power and Rhetorical Bargaining: The UN Security Council Debate on the Iraq War

The UN Security Council (UNSC) was an important arena of confrontation between the major powers during the recent pre-war crisis on Iraq, yet the realist-materialist focus of IR theory does not provide a useful perspective for analysing the debate and the ensuing defeat of American interests. This paper seeks to establish the meaning of “power” within a rhetorical context, applying insights from Searle's theory of institutional facts, constructivism, and self-presentation theory. Rhetorical strategies are then examined empirically by means of thematic and structural analyses of key texts from the UNSC debate on Iraq.     

Sentencing Guidelines and focal concerns: The effect of sentencing policy as a practical constraint on sentencing decisions

Contemporary research on criminal sentencing has analyzed sentencing under numerous sentencing policies, yet the effect of sentencing policy on outcomes and disparity is not known. A variety of sentencing guidelines systems, one of the more common sentencing policies, exists throughout the country. In addition, recent Supreme Court decisions regarding sentencing guidelines are likely to produce alterations to several state sentencing policies over the next few years. Using data from the state of Florida, the current study examines the effects of policy transformation on sentencing disparity within the focal concerns of sentencing perspective. The authors view sentencing guidelines as a practical constraint on sentencing decisions that influence other key variables. The results indicate that sentencing policy transformation has an important effect on both sentencing decisions and on the factors that shape those decisions. The findings suggest that future sentencing research and theoretical development would benefit from incorporating measures of policy differences in its analyses.     

Crossing Party Lines: Volatility and Ticket Splitting in Mexico (1994–2000)

This article aims to amplify our portrait of the Mexican electorate by examining the ways in which Mexican electors distributed their votes among the parties during 1994–2000, both over successive elections (volatility) and in the same election (ballot splitting). Aggregate and survey data revealed that Mexicans engaged in these two forms of electoral behaviour frequently, indicators of an electorate in flux. Regression analysis indicated that, contrary to the expectation that the politically sophisticated differentiated their votes, virtually all parts of Mexican society were equally likely to switch parties and split tickets.     

再论过失犯罪刑事责任的根据

本文分析了大陆法系过失犯罪刑事责任的根据 ,旧过失论是建立在心理责任论和道义责任论基础上的 ,新过失论主要采取了规范责任论。我国刑事责任的根据有三层 :正义根据 ,本质根据和法律根据 ,并以此为指导讨论了我国过失犯罪责任根据的有关问题。