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61.
Andrei Marmor 《Ratio juris》2018,31(2):139-159
My main argument in this paper is that the right to freedom of expression is not a single right, complex as it may be, but spans two separate rights that I label the right to speak and the right to hear. Roughly, the right to speak stands for the right of a person to express freely whatever they wish to communicate to some other persons or to the public at large. The right to hear stands for the right to have free and unfettered access to any kind of content that has been communicated by others. The right to speak and the right to hear are two separate rights, grounded in different kinds of interests. I try to show that this division of rights and their respective rationales can be utilized to explain how we think about some of the limits of the right to freedom of expression, particularly in the context of conflicts between the right to speak and the right to hear, conflicts that are rather pervasive. I also argue, though perhaps less conclusively, that in thinking about the limits of freedom of expression, an exclusive focus on the harm principle would be misguided. There is no reason to deny that speech is often harmful, sometimes very much so, but the prevention of harm is not sufficient to justify legal prohibition, at least not in this case. 相似文献
62.
Andrei Tsygankov 《Communist and Post》1998,31(4):329-344
In attempts to describe post-communist politics adequately, this paper employs the concept of delegative democracy for analyzing Russia's local politics. It argues that the election rather than appointment by the President of local governors in Russia has facilitated the establishment of a system which can be generally described as delegative democracy. This regime inherits free and contested elections from the democratic system and non-democratic methods of power consolidation from the authoritarian system. As a mixture of those two hardly reconcilable types of political system, delegative democracy in Russia has gained a shape and reached a certain degree of stability during 1993–95. This gain may delay the consolidation of representative democracy in Russia for an indefinite time and eventually lead to a new level of economic stagnation and a return to authoritarianism. 相似文献
63.
Andrei Riabov 《Russian Politics and Law》2014,52(2):30-43
The author argues that despite important differences among the post-Soviet states it still makes sense to regard them as constituting a single region because they share the corrupt and stagnant social system of "post-Soviet capitalism." He describes the distinguishing marks of this system and considers how it can be overcome. 相似文献
64.
Andrei Lankov 《The Pacific Review》2013,26(4):613-622
The article attempts to re-construct the motivation behind the current North Korean policies, especially in the domestic sphere. It is argued tht North Korean leaders have valid political reasons not to imitate the Chinese-style reform, and are likely to limit themselves to moderate changes which would not jeopardize political stability and the domination of the present-day elite. The most critical factor is the maintenance of control over the access to information. 相似文献
65.
Abstract Relations between—and among—countries that share democratic attributes, practice capitalism, exhibit high degrees of economic integration with each other, and have a significant understanding of each other's culture and history may nevertheless remain conflictual, even antagonistic. The source of this continued lack of empathy lies in the very factors ignored by contemporary liberal and realist theorists alike: the lenses of perception through which both elites and masses operate, lenses that we label “collective memory” and that link history (as objective reality) to ideology (as subjective world view). The acuity of this collective memory is analyzed and described in the dyadic relationship between Germany and the Netherlands on the one hand, and Germany and Austria on the other. 相似文献
66.
67.
The Rule of Law and its Limits 总被引:1,自引:0,他引:1
Law and Philosophy - 相似文献
68.
69.
Andrei P. Tsygankov 《欧亚研究》2017,69(4):571-593
In order to contribute to our understanding of Russian geopolitical theory, this article investigates closely the figure of Nikolai Danilevskii. The article pays special attention to the thinker’s increased influence on contemporary Russian geopolitical thought, by presenting qualitative and quantitative evidence of this influence. It explains Danilevskii’s rise by looking at Western pressures on Russia and the country’s internal vulnerabilities. Such vulnerabilities emerged from the breakup of the Tsarist and the Soviet state, respectively, by providing the required context for the emergence of defensive nationalist ideas. 相似文献
70.
Based mostly on extensive interviews with diplomats and human rights activists, this article questions the claim advanced
by the German philosopher Jürgen Habermas that current transatlantic relations can be described in terms of a “Divided West.”
We examine the scope and depth of shared understandings between key actors in the United States, Germany, and Canada with
regard to the definition, monitoring, and implementation of international human rights and to the reform of human rights-related
mechanisms within the broader context of current UN reforms. While we do find differences between US, German, and Canadian
perspectives, we argue that the meaning attributed to these differences by diplomats and nongovernmental organizations does not justify the polarizing discourse
of the Divided West. In addition, we argue that this discourse tends to obfuscate other important trends in the human rights
world such as the growing assertiveness of non-Western powers. 相似文献