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941.
Matthew Nicholson 《Law and Critique》2016,27(1):103-129
Drawing on the work of Walter Benjamin, Harold Bloom, and Theodor Adorno this article proposes the re-imageination of international law as a ‘pure means’ of representation rather than a means of exercising control over the world. 相似文献
942.
943.
944.
Daniel McLoughlin 《Law and Critique》2016,27(3):303-321
Recent histories of human rights have shown that the turn to human rights as a form of politics occurred as a placeholder for utopian energies at the end of history, coinciding with a retreat of the organised left, the abandonment of the theme of revolution, and the pluralisation of political struggles. This essay examines the way that radical continental theory has responded to the political hegemony of human rights by focusing on ‘post-Marxist’ thought. Examining the work of four influential critics of human rights—Claude Lefort, Alain Badiou, Giorgio Agamben, and Jacques Rancière—I argue that post-Marxist thought provides two very different approaches to the political possibilities offered by human rights. The first retains a fidelity to the revolutionary critique of rights by rejecting the language and conceptuality of human rights as too deeply implicated in the liberal political order that needs to be resisted. The second acknowledges the limitations of human rights while arguing that they also offer important tools for democratic political struggle. The essay draws upon these analyses to consider the contemporary political meaning of human rights. It argues that the latter of these strategies is problematic because we now face a radically different political conjuncture to the one in which the politics of human rights first emerged: human rights have played an important role in the project of post-historical reaction; the political space in which the politics of rights once made sense has collapsed; and we have seen substantial political upheavals in the wake of the crisis of capitalism. 相似文献
945.
Stewart Cunningham 《International Journal for the Semiotics of Law》2016,29(1):45-65
The concept of ‘human dignity’ sits at the heart of international human rights law and a growing number of national constitutions and yet its meaning is heavily contested and contingent. I aim to supplement the theoretical literature on dignity by providing an empirical study of how the concept is used in the specific context of legal discourse on sex work. I will analyse jurisprudence in which commercial sex was declared as incompatible with human dignity, focussing on the South African Constitutional Court case of S v Jordan and the Indian Supreme Court case of Budhadev Karmaskar v State of West Bengal. I will consider how these courts conceptualise dignity and argue that their conclusions on the undignified nature of sex work are predicated on particular sexual norms that privilege emotional and relational intimacy. In light of the stigma faced by sex workers I will explore how a discourse, proclaiming sex work as beneath human dignity, may impact on the way that sex workers are perceived and represented culturally, arguing that it reinforces stigma. I will go on to examine how sex workers subvert the notion that commercial sex is undignified, and resist stigma, by campaigning for the right to sell sex with dignity. I will demonstrate that an alternative legal approach to dignity and sex work is possible, where the two are not considered as inherently incompatible, concluding with thoughts on the risks and benefits of using ‘dignity talk’ in activism and campaigns for sex work law reform. 相似文献
946.
Ángel Alonso-Cortés 《International Journal for the Semiotics of Law》2016,29(3):635-641
Brand names constitute a form of value for commercial products, because they suppose a savings of search costs for the consumer. The law, as a consequence, has the obligation to protect brand names. But the number of attractive brand names is not infinite and sometimes companies seek brand names which are reminiscent of others. In this article a conflict between two companies for the distinctiveness of two brand names is addressed: one Spanish company used the English common noun doughnut for a product similar to the American pastry, while the other company had already registered donut as a brand name, in addition to its variants. This second company sued the first on the grounds that the names were not distinctive. Here we offer the arguments presented to the judge in defense of the distinctiveness of doughnut and the judgment. 相似文献
947.
948.
Susanna Lindroos-Hovinheimo 《Law and Critique》2016,27(3):289-301
This article discusses the right to be forgotten. The landmark Google ruling of the European Court of Justice gave this ambiguous right new weight and raised several urgent questions. This article considers what kind of person is presupposed and constructed when somebody invokes their right to be forgotten. The aim is to engage in an experimental reading of the ruling in the framework of contemporary political theory, namely, the philosophy of Jacques Rancière. The analysis shows that even though the right to be forgotten is a new legal and rhetorical instrument, there are good grounds for being critical of its underlying logic and sceptical of the novelty thereof. The judgment can be understood as a reiteration and consolidation of the same impotent human rights thinking that law often seems forced to contend itself with, no matter how radical our intentions may be. 相似文献
949.
Given that one of the defining elements of capitalist society is the ubiquity of forms of abstraction through which social relations are mediated, it is not surprising that a generalised ‘reproach of abstraction’ has taken on a critical orthodoxy within social theory and the humanities. Many of these attacks against a pervasive culture of abstraction have an obvious resonance with longstanding critiques of the abstractions inherent in law. This article explores the critique of the power of abstraction that is a central theme in Henri Lefebvre’s depiction of the ‘abstract space’ of contemporary capitalism. In doing so, it will be emphasised that Lefebvre’s work is not primarily concerned with the rejection of abstraction per se, but with understanding the relationships between dominant forms of abstraction and concrete social practices. Of particular interest here is Lefebvre’s reformulation of the concept of concrete abstraction which extends his work beyond a polemical dismissal of the violence of abstraction into broader theoretical debates about the role of the abstract in the reproduction of social relations. Building on this aspect of Lefebvre’s work, I will argue that the concept of concrete abstraction can provide a means of understanding the relationships between the concrete and the abstract in existing juridico-political relations. 相似文献
950.
Chris Hanretty 《International Journal of the Legal Profession》2016,23(2):185-205
I investigate the success of litigants in tax cases in England and Wales between 1996 and 2010. I explore the effect upon success of having better-ranked legal representation, according to rankings of barristers published by Chambers. I find that, for a variety of model specifications, there is no significant positive effect of having better-ranked legal representation. After conducting a sensitivity analysis, I conclude that better-ranked legal representation might have a positive effect on litigation outcomes, but only if better-ranked lawyers receive cases that are substantially more difficult to win. However, if better-ranked lawyers receive substantially more difficult cases, this suggests consumers of legal representation are sophisticated enough to dispense with legal rankings. 相似文献