合作社性质的法律分析

由于制度的上优越性,合作社在国内外经济生活中扮演着重要角色,成为与公司、合伙等典型企业相区别的经济组织.但不同的是,合作社是具有社团性、非营利性、人合性和法人性的组织.一直以来,我国理论界对于合作社的性质问题难以达成一致.我国新出台的《农民专业合作社法》明确规定了合作社的性质,虽然可以在一定程度上消除理论上的混乱现象,该法并没有完全回答合作社的性质问题.     

To revise or not to revise: the ‘peace constitution’, pro-revision movement,and Japan's national identity

Why do conservative nationalists in Japan continuously seek to revise the constitution despite the past failures, and what is the likelihood of successful revision and its impact on Japan's norm of pacifism and its use of force? The article offers an analytical framework for the issue based on national pride and national security, and argues that the ‘revisionists’ seek to create a new national identity, one that infuses a greater sense of national pride among the public and enables the exercise of collective self-defense, thereby removing Japan's postwar psychological and institutional limitations on nationalism and military activities. The LDP's 2012 draft is most explicit and ambitious in this regard, with the current revision attempt under Abe having the highest chance of success since the 1950s. Successful revision would significantly expand Japan's security activities, particularly within the framework of the US–Japan Security Alliance, and entail the end of Japan's unique postwar institutionalized pacifism, although the norm of pacifism will linger on as a constitutional principle. For a smoother return to the international military scene, the Japanese government must distance itself from historical revisionism and utilize its enhanced military role to promote regional public goods rather than merely protecting its narrow national interests.     

Carpool Karaoke: deconstructing the directly lived experience of hearing oneself singing

The various ways whereby spatial conditions afford to monumentalize culture and to appropriate geographically demarcated places in terms of individual and collective meaning structures has been amply documented in urban cultural studies. However, considerably less attention has been paid to how cultural identity is produced against the background of musical temporality. By way of a phenomenological inquiry into the staged spectacle of James Corden’s (the host of CBS Network’s Late Late Show) Carpool Karaoke, this paper addresses the issues of directly lived experience and authenticity as facets of cultural identity. By critically discussing the assumptions of self-presence and auto-affectivity while singing and listening to one’s sung voice against the background of pre-recorded songs, the notion of directly lived musical experience is put to the test. Furthermore, by examining the dramaturgical scaffolding of Carpool Karaoke, the analysis points to wider implications for post-modern cultural studies in terms of an identified ironic reversal of modernist universal criteria of legitimacy in favor of a celebration of post-modern being-with inauthentically. The analysis of the selected Carpool Karaoke corpus utilizes a resourceful blend of phenomenological method, semiotics and interpretive videography while challenging embedded orthodoxies in the extant literature.     

Rhetorical citizenship: studying the discursive crafting and enactment of citizenship

This article argues for the relevance of a rhetorical approach to the study of citizenship, proposing the concept of rhetorical citizenship as a term for a fourth dimension of citizenship and as a scholarly approach to the topic in addition to the dimensions of status, rights, and identity commonly recognized in the literature. We show how this view aligns with current views of the multidi Citizenship Studies mensionality of citizenship, explain our use of the term rhetoric, and illustrate the usefulness of a rhetorical approach in two examples. In close textual readings both examples – one vernacular, one elite – are shown to discursively craft and enact different notions of citizenship vis-a-vis the European refugee crisis. We conclude that a rhetorical perspective on public civic discourse is useful in virtue of its close attention to discursive creativity as well as to textual properties that may significantly, but often implicitly, affect citizens’ understanding of their own role in the polity, and further because it recognizes deep differences as inevitable while valorizing discourse across them.     

Centers of Gravity: Regional Powers,Democracy, and Trade

Classic studies on hegemonic stability and power transition suggest that concentration of capabilities favoring a single state can promote economic cooperation and discourage militarized conflict. However, tests of these arguments have been primarily limited to examining temporal variation in global capability distributions and corresponding levels of system-wide cooperation; few have examined the impact of capability concentration at the region level. In this article, we contend that concentration of regional military capabilities corresponds to lower trade costs for states throughout a region and to an incentive for weaker states to de-prioritize expenditure on the military, freeing resources that can be used to promote trade. As a result, this condition promotes higher levels of trade, particularly within the region. We also argue that democratic regional powers are better able to foster confidence in the sustainability of cooperation; thus, the trade-enhancing impact of concentrated regional capabilities is stronger when the predominant state is more democratic. We find evidence in support of our expectations in statistical models examining state trade between 1960 and 2007.     

Do Civil Wars,Coups and Riots Have the Same Structural Determinants?

The literature on political instability focuses on institutional and leader survival or outcomes like civil wars and coups. We suggest that this approach overlooks lower levels of instability and that isolating outcomes understates the likelihood that they are manifestations of similar structural determinants. We extend the notion of instability to encompass jointly but distinctly civil wars, coups, and riots. Our explanation focuses on the role of political institutions and the related ethnopolitical strife over state power. Using data from 1950 to 2007, we find that the three outcomes share some determinants such as a factional partial democracy and the exclusion from power of a large proportion of the population; the inverted U-shaped effect of political institutions is driven by a subset of semidemocracies; and there is a substitution relationship between civil wars and coups emerging from the composition of governing coalitions.     

One measure cannot trump it all: lessons from NATO’s early burden-sharing debates

This paper calls for a qualitative turn in discussing NATO burden-sharing. The paper takes issue with the numerical burden-sharing narrative in NATO and identifies its two main problems. Despite being simple, the 2% defence spending pledge lacks other basic attributes of any contributory system: fairness and effectiveness. Drawing from concepts of distributive justice, the paper analyses NATO’s first burden-sharing debates and demonstrates that due to their qualitatively different capabilities, the allies agreed on an egalitarian ability-to-pay distributive justice. Furthermore, it shows that the allies refrained from implementing fairness in terms of a one-size-fits-all formula, since this simple numerical approach could not produce fair and effective burden-sharing at the same time. Rather, they developed a dynamic framework for optimal sharing. These formative burden-sharing debates provide valuable lessons learned for the current build-up of NATO’s posture: less focused on formal sharing, more concerned with strategic outputs.     

Taiwan: An Internal Affair! How China’s Domestic Politics and Foreign Policy Interact on the Taiwan Issue?

Taiwan may be an internal affair but the domestic public opinion is not invited to participate very much in a debate and a decision-making process that have remained confined to the Chinese Communist Party and the military top leadership and, on purpose, involves a very small number of officials and experts. Conservative and nationalist forces do constrain Beijing’s Taiwan policy. And some leaders are tempted to use the Taiwan issue for unrelated domestic or foreign policy purpose. Nevertheless, what is striking is the potential for flexibility in China’s Taiwan policy. While Chinese local governments and companies’ increasing interests in business-as-usual in the Strait and the unbearable cost of any armed conflict tend to narrow the government’s options, concentration of power and the efficiency of the propaganda machine allow it to rather smoothly manage, in particular vis-à-vis the elites’ conservative opinion group as well as its own public opinion, this flexibility.     

With friends like these: foreign policy as personal relationship

Governments are run by humans who have sympathies and moods. The study of leaders' personalities, albeit not widespread, is an important tool for foreign policy analysis. Plus, friendship is a feeling that decision-makers like to express for each other. This paper analyses the activity of Silvio Berlusconi, Italy's three times premier, who has made ‘friendship’ a central tenet of his personal foreign policy. Three cases are considered, namely, Berlusconi's relationship with George W. Bush, Tony Blair and Vladimir Putin. The paper concludes that his friendship-based foreign policy has somehow worked; but, because he decided to ignore Italy's structural constraints in the international arena, he ended up wasting opportunities and resources.