历代中央政府对藏区赔命价习惯法的态度考释

元朝以降,藏区纳入中央政府的正式管辖之下,其地方法制不可避免地会受到中央政府的影响,作为藏族长期以来法律表达与实践的赔命价习惯法也不例外。历代中央政府基于自己的法律理念或实现民族地区统治秩序的需要,对藏区赔命价习惯法或禁绝,或放任,或在承认民族特殊性与维护国家司法主权之间适当地认可和规制。比较元明两朝与清朝和民国对藏区赔命价习惯法的不同态度和及其治理藏区的不同效果,不难发现有机成长的赔命价习惯法有着坚实的社会基础和强大的生命力,中央政府应该在认清其历史理性的基础上实现其创造性转化。     

民主政治视域下践行党的群众路线的长效性机制研究

党的群众路线与我国的民主政治之间存在着高度的契合性和内在的一致性,是发展中国特色民主政治的基础和关键。当前,全党在践行群众路线的过程中,往往受到一些因素的干扰,如传统"官本位"政治文化的影响、群众利益的多元化、权力关系认识的错位以及群众政治参与制度的不健全等。究其根源,在于缺乏一套行之有效的民主保障机制和动力机制。对此,通过破除"官本位"思想,提高民主执政能力,发展人民民主,保障人民群众的主体地位,规制权力失范,加强顶层制度设计,无疑会给党践行群众路线提供内在的长效动力。     

海外学者对群众路线的政治学评价

在海外中共研究中,学者们从政治学的视角对群众路线赞誉有加。主要观点有:群众路线是马克思主义中国化的一个核心问题;是中国现代化的一条组织原则;是对西方民主的一种抗衡;是一种决策模式;构成政治参与的基础;是政治合法性的重要来源;是治理的一种方法,影响着近代以来中国政治的运作与发展,今天仍是中共强有力的政治资源,并将继续主导中国政治发展的进程;群众路线还产生了一定范围的世界影响。总体而言,海外学者的观点是比较客观,也是基本正确的,其观点和视角值得国内学者在研究中参考和借鉴。     

Westernness,Chineseness, or Life as Essence——A Discussion with Luo Gang and Peng Yuping on the Poetic Nature of Poetic Remarks in the Human World

There have emerged two representative opinions regarding the origin of Wang Guowei's thought as shown in his Poetic Remarks in the Human World, one being Westernness aided by Chineseness, and the other being Chineseness aided by Wesernness. The former opinion holds that Wang's fundamental ideas in Poetic Remarks in the Human World were derived from modern Western philosophy and aesthetics, which, in turn, were used to deal with traditional Chinese poetry; the latter opinion argues that Wang's basic thought originated from Chinese aesthetic traditions, which were aided by western thought in Wang's Case. The two opinions seem to be over-focused on conceptual comparison and identity; therefore, they fail to point to Wang's principle of “Life as Essence” which incorporates thought of all origins. Wang's Poetic Remarks in the Human World is a reaffirmation of the “aesthetic life”, a blending that goes beyond mere conceptual comparison and contrast.     

The life-course demography of convict transportation to Van Diemen’s Land

ABSTRACT

This paper reports on a sample of 16,953 male and 7,783 female convicts transported to Van Diemen’s Land between 1818 and 1853 whose life courses have been reconstructed as much as possible from cradle to grave to explore the effects of critical life stages and the impact of a shared exposure to a stress regime of penal servitude, forced labour and exile. It uses survival and family formation of a lineage as the key measures of life outcomes. It finds that male convicts, while not producing many descendants because of sex imbalances, did well biologically out of being transported, while female convicts, entering servitude under a greater burden of previous abuse and deprivation, continued to suffer a severe gender penalty in survival and significant secondary infertility after sentence. Early life effects from the social environment, or crime economy, into which men were born remained remarkably persistent, while the previous history of prostitution and/or alcohol abuse dramatically shortened the lives of women. These were the embodied effects, over generations, of structural violence against women in the most deprived and dangerous neighbourhoods of from the late-eighteenth century through to the 1840s in Great Britain and Ireland, and transported with them to the Australian colonies.     

Workplace Monitoring and the Right to Private Life at Work

In Barbulescu v Romania, the European Court of Human Rights clarified the application of the Article 8 right to private life in the workplace, and the extent of the state's positive obligations to protect the right against workplace monitoring. The decision establishes that there is an irreducible core to the right to private life at work that does not depend on an employee's reasonable expectations of privacy, and sets out clear principles for striking a fair balance between Article 8 and the employer's interests in the context of workplace monitoring. This article considers the nature of states’ positive obligation to protect human rights at work, the scope of the right to private life, and the impact of the decision on domestic law of unfair dismissal.     

从《公民权利与政治权利国际公约》评我国死刑立法

《公民权利与政治权利国际公约》确立了严格限制死刑并最终废除死刑的国际标准。以此观之,我国死刑立法虽然在明确死刑的适用条件、缩小适用对象、降低死刑适用率等方面取得了一定的进步,做出了限制死刑的谨慎努力,但在大幅度削减死刑罪名、适用死刑核准程序等方面还存在诸多不足,需进一步改进。     

论公共视阈下的思想政治工作

文章从“公共视阈”这一新的视角来考察思想政治工作,提出思想政治工作本质上是一种公共行为;生活世界是思想政治工作的唯一源泉;互为主体是思想政治工作的核心特征;对话是实现思想政治工作的重要途径。     

The impact of associational life on trust in local institutions: a comparison of 57 Swiss municipalities

In this paper, we evaluate the impact of associational life on individual political trust in 57 Swiss municipalities. Our hierarchical regression models show that individual political trust is not only affected by individual associational membership but also by the exchange between associations and local political authorities in a community. In other words, if political authorities and associations are linked at the community level, citizens will place more trust in their local institutions. Furthermore, we find clear evidence for the rainmaker hypothesis: our results show that the positive effect of a vibrant connection between associational life and local politics on political trust is not solely confined to the associational members themselves, but rather indicate that the structure of the local civic culture fosters political trust among members and non-members at the same time. However, the internal democratic processes of associations have no effect on individuals’ trust in local political institutions.     

Aesthetic self-medication: Bob Flanagan and Sheree Rose's structures of breathing

This essay tracks adaptations to corporeal transformations in breathing in the performance art and life writing of Bob Flanagan (1952–1996) and Sheree Rose (b. 1941). It chronicles how breathing as an aesthetic strategy gets entangled with breathing as an exceptional or ordinary effect of disability over the course—and, in Rose's case, in the aftermath—of Flanagan's cystic fibrosis. The term “aesthetic self-medication” describes the process through which breathing is induced as an aesthetic form, and its patterns and rhythms transcribed and dramatized, in order to stage minimally coherent self-encounters amidst crisis. As Flanagan's chronic illness worsens and the couple's sadomasochistic dynamic no longer manages chronic pain, aesthetic self-medication structures laboured breathing into new genres of, or affective and libidinal relations to, pain, including boredom and musical humour.