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61.
Felix Gerlsbeck 《Critical Review of International Social and Political Philosophy》2018,21(2):218-241
It has proven difficult to reconcile epistemic justifications of political authority, especially epistemic theories of democracy, with a basic liberal commitment to respecting reasonable value pluralism. The latter seems to imply that there can be no universally acceptable substantive outcome standard to evaluate the epistemic reliability of different political procedures. This paper shows that this objection rests on an implausible interpretation of political competence. In particular, the paper defends two claims: first, that epistemic theories of political authority are in fact compatible with a liberal commitment to respecting reasonable pluralism; but second, that if we take reasonable pluralism seriously, the standard of competence we should use is a pragmatic one. Good political decision procedures reliably fix practical problems of social coordination and adapt to new demands and developments; we need not demand that their decisions are all-things-considered just or optimal. This pragmatic account of political competence is compatible with reasonable pluralism, since on this basis we can comparatively evaluate political procedures without controversially asserting a single standard of ‘truth’ in politics. Hence, it is possible to give an epistemic account of political authority that works within a liberal theory of political justification. 相似文献
62.
Abstract: Can a public authority avoid public law requirements, such as an obligation to act fairly, by “contracting out” the performance of its functions? In Société de l'assurance automobile du Québec v. Cyr, the Supreme Court of Canada said “no,” but it did not explain how far the Court will move the boundaries of judicial review to adapt to the growth of the private role in governance. However, there is reason to believe that the Court is moving towards a functional approach in defining state power and the location of the boundary between public and private law. This promises to be more coherent and effective than the piecemeal functional approaches that have emerged in the United States and the United Kingdom. A functional approach will prevent the lines of legal accountability to Parliament, the legislatures, the electorate and the courts from being severed by a contract between a public authority and a private party. At the same time, the emerging functional approach accepts that public law remedies should generally not be available if private law offers an adequate remedy or if applying public law would generate disproportionate costs to efficiency or would damage other public law objectives or private interests. 相似文献
63.
Quantitative-oriented diffusion studies, either focused on diffusion patterns or mechanisms, take for granted that policy adoptions are manifest and therefore directly observable in the legislation. A more nuanced perspective of policy adoption taking into account gradual differences between adoption and non-adoption is proposed with this paper, valid for diffusion among communities and states in federal settings and among countries on the global level. Besides the aspect of visibility, intentions are also important when measures are adopted. While some measures are transferred with a clear instrumental aim, others are rather transferred for symbolical reasons. Looking at specific processes, the paper proposes a concept that disentangles the current understanding of policy diffusion and provides empirical evidence that current diffusion research misconceives instances. The four different transfer types are illustrated with empirical evidence from sub-national energy policy-making in Switzerland. The systematic investigation of the cases allows to finding explanations for the different transfer types. 相似文献
64.
Reber Ueli Fischer Manuel Ingold Karin Kienast Felix Hersperger Anna M. Grütter Rolf Benz Robin 《Policy Sciences》2022,55(2):311-335
Policy Sciences - The effective conservation and promotion of biodiversity requires its integration into a wide range of sectoral policies. For this to happen, the issue must receive attention... 相似文献
65.
Felix Heiduk 《German politics》2014,23(1-2):118-133
While Germany's ‘Chinapolitik’ under Chancellor Gerhard Schröder was driven by economic interests, Angela Merkel promised a normative turn in foreign policy toward China. This apparent turn became most visible in 2007 when she met with the Dalai Lama, which caused strong diplomatic protest from Beijing. This article asks whether Germany's foreign policy toward China did in fact shift under the leadership of Angela Merkel. Based on cognitive approaches, especially image theory, the perception(s) of China held by Chancellor Merkel and their impact on German foreign policy toward China are analysed. The findings suggest that the dominant image of China is that of a key trade partner on whom Germany's economy is increasingly dependent with little emphasis given to the political or normative discrepancies between the two countries. The article argues that Sino-German relations under Merkel appear to be more one-dimensional than the fall-out over the Dalai Lama issue suggests. 相似文献
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67.
Before 1874 and after 1964, the evolution of federalism and related political discourses is well known. Between these years, however, stretches a terra incognita, which this political‐historical essay tries to explore. This period was characterised by a steady shift of power from the Canton's to the Confederation, resulting in the frequent re‐grouping of federalists and centralists. Before the First World War, traditionalists from central and occidental Switzerland fiercely defended a confederalist vision. During the interwar years, things quietened down. The modern federal State organisation was no longer fundamentally questioned, and the debate focused on technical questions. The “geistige Landesverteidigung” (moral defence of the country against fascism) secured an enduring yet problematic place for federalism in Swiss culture by transforming it into the “unity in diversity” principle. After the Second World War, modernising forces resulted in the “executive and co‐operative federalism” that we know today. 相似文献
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69.
Felix E. Oppenheim 《Ratio juris》2002,15(1):1-15
To determine the relevance of judgments of rationality and of morality in foreign policy decisions, it is necessary to provide a value-neutral definition of "the national interest." This makes it possible to ascertain, in principle, whether a given governmental foreign policy decision is rational with respect to this goal, in turn a necessary means to any government's ultimate purposes. While it is pointless to judge the pursuit of the national interest itself morally right or wrong, moral judgments are relevant to policies and goals compatible with the national interest. However, moral principles are often invoked to justify the pursuit of this intermediate goal. 相似文献
70.