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81.
82.
ROBERT ALEXY 《Ratio juris》1992,5(3):231-251
Abstract
Contemporary discussions about practical reason or practical rationality invoke four competing views which can be named as follows by reference to their historical models: Aristotelian, Hobbesian, Kantian and Nietzschean. The subject-matter of this article is a defence of the Kantian conception of practical rationality in the interpretation of discourse theory. At the heart, lies the justification and the application of the rules of discourse. An argument consisting of three parts is pre sented to justify the rules of discourse. The three parts are as follows: a transcen dental-pragmatic argument; an argument which takes account of the maximisation of individual utility and an empirical premise about an interest in correctness. Within the framework of the problem of application, the article outlines a justification of human rights and of the basic institutions of the democratic constitutional state on the basis of discourse theory. 相似文献
Contemporary discussions about practical reason or practical rationality invoke four competing views which can be named as follows by reference to their historical models: Aristotelian, Hobbesian, Kantian and Nietzschean. The subject-matter of this article is a defence of the Kantian conception of practical rationality in the interpretation of discourse theory. At the heart, lies the justification and the application of the rules of discourse. An argument consisting of three parts is pre sented to justify the rules of discourse. The three parts are as follows: a transcen dental-pragmatic argument; an argument which takes account of the maximisation of individual utility and an empirical premise about an interest in correctness. Within the framework of the problem of application, the article outlines a justification of human rights and of the basic institutions of the democratic constitutional state on the basis of discourse theory. 相似文献
83.
84.
Abstract. The main idea or the concept of coherence can be expressed in the following way: The more the statements belonging to a given theory approximate a perfect supportive structure, the more coherent the theory. The degree of perfection of a supportive structure depends on the degree to which the following criteria of coherence are fulfilled: (1) the greatest possible number of supported statements belonging to the theory in question; (2) the greatest possible length of chains of reasons belonging to it; (3) the greatest possible number of strongly supported statements belonging to the theory; (4) the greatest possible number of connections between various supportive chains belonging to the theory; (5) the greatest possible number of preference relations between various principles belonging to it; (6) the greatest possible number and complexity of reciprocal supportive relations between various statements belonging to the theory; (7) the greatest possible number of universal statements belonging to the theory; the greatest possible number of general concepts belonging to it; the highest possible degree of generality of concepts implemented within it; the greatest possible number of resemblances between concepts used within it; (8) the greatest possible number of conceptual cross-connections between various theories; (9) the greatest possible number of cases covered by the theory; and (10) the greatest possible number of fields of life covered by the theory. 相似文献
85.
Although the current resurgence of ecological deterrence research has addressed many of the methodological and theoretical problems of earlier studies, the question concerning the appropriate level of aggregation for such models has not been resolved. In this paper, we argue that there is strong evidence in the criminological literature that the neighborhood is the most meaningful level of aggregation for such studies. However, in an analysis of robbery incidents and arrests over 100 weeks in five Oklahoma City neighborhoods we did not find any significant support for the deterrent effect of arrests on subsequent illegal behavior. We propose that the lack of such a relationship reflects periods of short-term equilibrium in the local community, during which the levels of crime and arrests are relatively stabilized. 相似文献
86.
ROBERT LADRECH 《European Journal of Political Research》1993,24(2):195-210
Abstract. This paper presents evidence of initial steps taken since 1989 towards the enhancement of social democratic transnational party co-operation, manifesting itself on both a programmatic and an organizational level. To explain this development, a thesis based on the neo-functionalist logic of political spillover together with a theory of party change is presented. An emerging European-level presence is explained by increased EC policymaking since the adoption of the Single European Act, interacting with the internal preconditions for organizational innovation present in many social democratic parties. Evidence of such trends is then submitted, focusing on the French Socialist, German Social-Democratic and British Labour Parties; the European Parliament Socialist Group; and the Socialist transnational party federation. 相似文献
87.
Comparative data are presented assessing trends in the juvenile crime rates for Japan and the United States over the past decade. Both court and arrest records show that the rate of juvenile crime has increased substantially in the United States while remaining essentially stable in Japan. The analyses demonstrate that this conclusion holds even when appropriate controls are introduced for the age groups involved. Suggestions are made for future research that might explain the differences reported for the two nations. 相似文献
88.
This article uses a nationwide sample of state criminal cases to show the effects of reducing judicial sentencing discretion on disparities across rural-urban, southern-northern, black-white, and poor-nonpoor defendants. Judicial sentencing discretion is defined as the ratio between (1) the range in years within which a judge is allowed to sentence, and (2) the minimum number of years the judge must give when there is no probation. The data do indicate specific differences in sentencing between states of high judicial discretion and those of low judicial discretion, and the relationship of these disparities to discrimination is discussed. 相似文献
89.
This article focuses on alienation among prison guards by examining the nature of the work relations between guards and fellow guards, inmates, and prison administrators. Data for the project were derived from both questionnaire and interview sources. The independent effects of the three forms of work relations on five types of alienation were assessed through an examination of standardized regression coefficients estimated from a fully recursive model of the variable relationships. We found that negative evaluations of work relations resulted in increased levels of alienation experienced by guards. 相似文献
90.
ROBERT J. SAMPSON 《犯罪学》1985,23(4):647-673
Recently, much attention has been focused on the structural determinants of variations in crime rates across U.S. cities. Virtually all research in this area has utilized aggregate reported offense rates as the dependent variable. While it provides a good indicator of the total volume of crime, the aggregate crime rate suffers two major disadvantages-it obscures individual- and aggregate-level effects, and it does not allow testing of criminological theory which specifies differential effects of economic variables (for example, poverty, inequality) on offending rates for various population subgroups (for example, black adults, white adults). The present study addresses these issues by examining the economic determinants of age, race, and crime-specific offending rates for a sample of the nation's largest cities. The overall results suggest that income inequality has a direct positive effect on black offending rates for serious crime, whereas black poverty has no effect. In contrast, white poverty has positive effects on white violence, while inequality significantly increases white robbery and burglary. The implications of findings for recent theoretical developments of conflict and relative deprivation theory are assessed. 相似文献