证据法的理论基础和意义

证据和证据法是两个截然不同的概念。证据一般是指在裁决过程中能以理性方式影响最终判决结果的那些输入信息。理性方式是这里引入的第三个概念。在美国,证据还有一个专业性法律意义,特指在审判中提出的证言和展示件,但这是一个存在争议的定义。在美国,事实认定者(陪     

New Chinese Discussions about Securing China's Territorial Frontier

This article places the emergent Chinese discussion about frontiers into a broader historical context. It then turns to a detailed analysis of the heterodox stances on frontiers that Yu Xiaofeng and Xu Lili, and Ma Rong have recently articulated. The conclusion notes that such relatively iconoclastic approaches to territory still stand outside the mainstream of official policy and elite writing about China's boundaries. However, it will also maintain the writings that are the focal point of this article have nonetheless begun to carve out a space for re-imagining China's current approach to territory and nationality.     

证据与推论——兼论概率与似真性(英文)

今天的讲座和前四讲有一些不同。在前四讲中,我所分析的都是证据法的公认领域,试图说明我们何以能够通过运用各种分析工具来更深刻地理解它们。今天我不想讨论证据法的传统领域,而要讨论在美国和其他几个国家正在进行的一项重要研究工作,这涉及我们所称的司法证明的性质。该研究领域并不论及像传闻规则那样的证据法特定领域,而是关于证据法根基的探讨。     

Monetized time-space: derivatives – money's 'new imaginary'?

This paper examines some of the ways in which the everyday is becoming connected into the world of finance, a process facilitated through so-called derivatives.The increasing use of derivatives is traced to the collapse of the Bretton Woods agreement and the ways in which innovative developments in financial engineering were used to overcome the uncertainties of interest rate, currency and price risks that grew apace from the early 1970s. We argue that these risks are not ‘more of the same’.They are qualitatively different and run deeper through the highly integrated financial markets of today. And, as later parts of the paper argue taking their cue from the works of Paul Virilio and Georg Simmel, notably the latter’s Philosophy of Money , the manner in which these risks interact and the speed of their interaction suggest the emergence of new forms of money, a new monetization of time-space. The paper then moves on to consider how the calculative practices that lie at the heart of derivatives involve a process of socialization of the understanding of the risks that new money forms are made to negotiate successfully. The ‘idea of money’ – of what it is now supposed to be capable of doing with and across time-space – thus stems from a ‘new money imaginary’. The paper concludes by reemphasizing the reasons why, when understood through areading of Virilio and Simmel, derivatives should be viewed as representing new forms of money.