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71.
PETER CALVERT 《Bulletin of Latin American research》1996,15(2):145-156
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PETER RIJPKEMA 《Ratio juris》2011,24(4):413-434
According to contemporary legal positivism, law claims to create obligations. In order for law to be able to create obligations, it must be capable of having authority. Legal positivism claims that for law to be capable of having authority, it only has to meet non‐moral or non‐normative conditions of authority. In this paper it is argued that law can only be capable of having authority if it also meets certain normative conditions. But if something must meet certain normative conditions in order to be capable of having authority and if it must be capable of having authority in order to be law, then it is only law if it is conceivable that it meets these normative conditions and this can only be ascertained by means of an evaluation. Therefore, legal positivism's claim that determining what the law is does not necessarily, or conceptually, depend on moral or other evaluative considerations (the separation thesis) is incompatible with its claim that law must be able to create obligations. Further, an analysis of Hart's concept of law shows that it is not only possible that the identification of the law depends on moral evaluation, as Hart claims, but that it is conceptually necessary that it does. 相似文献
73.
Riots are extreme events, and much of the early research on rioting suggested that the decision making of rioters was far from rational and could only be understood from the perspective of a collective mind. In the current study, we derive and test a set of expectations regarding rioter spatial decision making developed from theories originally intended to explain patterns of urban crime when law and order prevail—crime pattern and social disorganization theory—and consider theories of collective behavior and contagion. To do this, we use data for all riot‐related incidents that occurred in London in August 2011 that were detected by the police. Unlike most studies of victimization, we use a random utility model to examine simultaneously how the features of the destinations selected by rioters, the origins of their journeys, and the characteristics of the offenders influence offender spatial decision making. The results demonstrate that rioter target choices were far from random and provide support for all three types of theory, but for crime pattern theory in particular. For example, rioters were more likely to engage in the disorder close to their home location and to select areas that contained routine activity nodes and transport hubs, and they were less likely to cross the Thames River. In terms of contagion, rioters were found to be more likely to target areas that had experienced rioting in the previous 24 hours. From a policy perspective, the findings provide insight into the types of areas that may be most vulnerable during riots and why this is the case, and when particular areas are likely to be at an elevated risk of this type of disorder. 相似文献
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PETER LOWE 《Diplomacy & Statecraft》2013,24(1):137-147
British policy in Eastern Asia, 1948–55, aimed to combine the attainment of change leading to stability, to be secured through cooperating with nationalism against the growing threat from communism. After initial errors, ministers and officials revealed realism and flexibility, as shown in policies towards Burma, Malaya, and China. As regards Japan, the United States dominated decisionmaking and British views were rather negative towards the viability of political reform in the longer term and towards economic revival. The collapse of French authority in Indo-China pushed Anthony Eden towards compromise with the communist powers at the Geneva conference in 1954: Britain diverged from the US in supporting a strictly defensive alliance (SEATO), which was linked with an ambivalent approach to the future of Vietnam, Laos, and Cambodia. 相似文献
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England's rulers, merchants, and organized labor in the early modern period (from the 16th to the 18th centuries) were all actively using what today we would call propaganda. Each group appreciated the need to get popular opinion on its side, or at the least to convince other groups it was in the public interest to act in a particular way. This study focuses on the use of xenophobic narratives by these actors in order to further their political, economic, or cultural objectives. The targets were economic rivals including the Dutch, but most particularly ethnic and religious outgroups, including Roman Catholics, Muslims, and Jews. Although there were public relations win-wins for anyone who was able successfully to demonize foreigners, racist and xenophobic propaganda was often more pernicious than the tellers realized, in many cases extending its influence over several generations. In addition, it is clear that many narratives failed to engage with public opinion, for reasons that were not always clear to the groups responsible for them. 相似文献
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