论法律的艺术之维

法律有其艺术之维.关于此点,法律与文学运动略有揭示.法律与文学运动揭示了法律本身的文学特征,打开了通向法之美的一扇窗户.西方有学者认为,虽不能断言法律即是艺术,但可有作为艺术的法律.作为艺术的法律,类似于综合艺术:歌剧.还有些学者力图揭示法与音乐的内在关系.也有学者明确断言,司法就是一门艺术,以利益为媒介,以合度为原则.优秀的法官技进于道,即是艺术家.     

伪满洲国校园文化背景中的女性新文学及其存在语境

本文通过伪满洲国时期女子校园刊物《萃文季刊》和官方综合性期刊《新满洲》的女学生新文学现象,阐释日本文化殖民对殖民地青年女性渗透和毒害的演进。"五四"新文化运动生发的追求平等、自由和婚姻自主的"新女性"观,在殖民主义奴化教育下异化为国家民族性质的"贤妻良母主义"。"贤妻良母主义"是战时体制下日本军国主义推行的日本"妇德"在伪满洲国的移植。摇篮期的殖民地女性文学在五四新思想的自由理念和殖民地"国民精神"等历史"酵素"的作用下,承载了沉重而复杂的精神向度,使满洲青年女性的精神趋向由"五四"新文化影响的个体本位转向了殖民地"家国"本位的历史变异。考察伪满洲国校园女性文学现象,对于我们认识日本侵华时期对中国占领区实施殖民奴化教育和文化侵略具有重要的现实意义。     

Ethical issues in child and adolescent forensic psychiatry: a review

Ethical challenges in child and adolescent forensic psychiatry arise, on the one hand, from the dilemmas commonly faced in forensic psychiatry with adult patients, such as the dual role of the forensic psychiatrist, questions of criminal responsibility, autonomy and competence and involuntary treatment, and, on the other, from the immaturity and dependent position of the minor. Child and adolescent forensic psychiatry deals with minors involved in crime, not only as offenders, but also as victims. In this review, we attempt to describe ethical challenges in child and adolescent psychiatry using as a frame of reference the principles of biomedical ethics according to Beauchamp and Childress.     

文学VS政治:帕慕克的文学思想探源

帕慕克以创作闻名世界,而其文学思想尤其是有关"文学与政治"的论述独树一帜,迄今尚未引起学界重视。本文参照其创作实践,并将相关论述与当代西方文论进行广泛比较发现:首先,帕慕克将"文学与政治"问题作出解说;其次,他提出另一种文学的政治性,并讨论了非西方的压迫社会的文学与政治的悖论关系,提醒人们文学批评与研究不能忽视文学作品的虚构性此一重要特点;最后,他重新定义"文学与政治"的关系,尽力创设一种超越文学与政治二元对立框架的阅读文学的方法框架,加深我们对殖民与后殖民文学的理解和研究。     

From the Subject of Evil to the Evil Subject: “Cultural Difference” in Postapartheid South African Crime Fiction

This article takes up the question of “crime writing” and rejoins the debate around whether such literature stands in for the “political novel” in postapartheid South Africa. What social function might crime writing be serving? Research by political economists and cultural anthropologists suggests that acts of writing in “social detection” mode (rather than “crime writing”) serve as an allegory for occulted sociopolitical conditions. Cultural difference is seen, once again, to play a pivotal role in the legitimation of power, and writers in the detection mode are correspondingly seen to be probing the possibility of a resurgence of “bad” difference. This notion, it is argued, is a key differentiator in an otherwise murky scene in which the borderline between licit and illicit, and right and wrong, has become obscure. While many South African writers are brought into the discussion, including but not restricted to crime authors, a key novel by leading crime writer Deon Meyer is read as a case study to illustrate the more general points made in the article.     

The controversial question of “French Jewish literature”

Is there is specific Jewish literature in France? The study of Jewish authors and their writing is not sufficient grounds to indicate that such a group exists as a socio-historiacal entity; that their existence is real and not merely nominal. The question of the existence of Jewish literature – not to be confused with Jewish writing – is a central preoccupation of the community press, in which preferred answers are formulated with reference to an organised group of artists rather than in terms of artistic expression. We will attempt to show how and by what devices the position adopted by the press in question, often lacking in coherence and sufficient justification, has influenced that adopted by certain writers and academics.     

Literatures at the intersections of national territories: Iranian-Azerbaijani ethnic entrepreneurs in a transnational historical space

This article is an attempt to explore the territoriality of languages in the context of ethno-national mobilizations. It maps the transnational interplay between linguistic spaces that overlap national frameworks. This makes it possible to scrutinize the horizontal and vertical differentiation processes that contribute to the definition of a distinctive literary field. In order to study these processes, we favor a strong empirical anchorage by referring to the notion of transnational historical space, defined as a configuration which covers both spatial and temporal dimensions, bringing territories into contact and linking various temporalities. Our case presents a large geographic space formed by Turkey, the Republic of Azerbaijan, and Iranian Azerbaijan. This unusual scale of analysis helps in understanding how ethnic entrepreneurs can capitalize symbolic resources in their strategies to make their ethnic idiom into a national language and to invest the political field with ethnonational claims.     

Reinventing ‘new’ Europe: Baltic perspectives on transatlantic security reconfigurations

This article examines the self-positioning of the three Baltic states in international politics in relation to the major structural pressures challenging the status quo of the transatlantic security configuration. The constitutive role of the Russia-Georgia war of 2008, the global economic recession, the debt crisis in the eurozone, and the shifting policy preferences and force projection of the United States towards Asia are explored as the key sources of the emerging Baltic security predicament. The empirical conclusions of the poststructuralist discourse analysis conducted for this study demonstrate how the Baltic states, in particular Estonia, have recently come to redefine the contents of ‘new’ Europe, thereby shifting the extant fault lines within the European Union.     

Family enterprise in the Baltic estate economy

During the nineteenth century, the Baltic provinces of the Russian Empire exhibited characteristics of economic change typical of Eastern European rural areas where the landed estate and an enserfed peasantry were dominant forces. Family enterprise, other than agricultural enterprise was rare, even among estate owners. The number of estate “manufactories” remained small throughout the first half of the century, and estate owners discouraged peasant entrepreneurship of any kind. Only in the post-1850 decades, as a consequence of reforms enacted by the Imperial government, did rural economic differentiation become sufficiently pronounced to require notice in various census-type enumerations (1881, 1897). Still, family-based peasant entrepreneurship remained exceptional, and reports about it took anecdotal form.     

Australian National Anthologies: A Study of Poems and Poets

This article analyses the contents of fifteen Australian “national” poetry anthologies published between 1946 and 2011. The study has three basic aims: to identify the most anthologised poems (as determined by the greatest number of inclusions in all anthologies), to identify poets with the most poems anthologised, and to identify the poets most consistently represented during this period. Based on quantitative data derived from each anthology’s table of contents, this article provides an empirical and analytical account of Australian national poetry anthologies over a six-decade period. The results reveal a core group of consistently anthologised poems and poets. While each anthology is different, there is a degree of consensus among national anthologists regarding the inclusion of “standard anthology pieces”. This article also considers the role of national anthologies in supporting a hierarchy of established literary reputations and perpetuating a poetic tradition in Australian literature.