《刑法》第一百九十八条第四款引发的思考

我国《刑法》第一百九十八条第四款关于保险诈骗共犯的规定,引发刑法理论界诸多争议。文章阐述了对本法条中保险诈骗共犯的理解,非身份者不能成为身份犯罪共犯的观点,以及注意规定与法律拟制的区分、法条竞合的处理原则等相关问题。     

Against the law: Arthur Maimane’s pioneering hard-boiled black detective fiction in Drum Magazine

ABSTRACT

This article sets out to re-examine, and recover, South Africa’s first hard-boiled crime fiction created by a black writer: Arthur Maimane’s crime stories published in Drum magazine in 1953. Maimane wrote a series of stories about a black PI, styled on the American hard-boiled genre for Drum, a popular South African magazine aimed at a black audience, known for its borrowing from American popular culture. Mamaine’s fiction has been widely dismissed by generations of Drum critics, as “derivative” “imitation.” Repositioning the stories within the broader context of crime fiction suggests quite a different reading. Maimane’s stories reveal how tensions between the genre and laws in apartheid South Africa resulted in radical alterations to the hard boiled formula. Since Maimane’s stories precede Chester Himes’s African-American novels, they should be recognized as a pioneering example of black crime fiction that demonstrates the relationship between race and genre.     

Who are ‘we’? Don’t make me laugh

This paper explores the implications of uses of the word ‘we’ in post-apartheid South African fiction. ‘We’ in these novels is typically a contested linguistic site – which tells of the loss of inherited communities, and reflects the ethically complex negotiations of a ‘we’ perhaps still to come. Yet if the internal narratives assert a loss of community, each event of the novel’s being-read inaugurates a new ‘community’ of readers. The paper considers the ethical implications of the act of reading a literary text in post-apartheid South Africa. In the course of the argument, I draw links between African philosophies of community, and Jean-Luc Nancy’s proposition that ‘I’ does not precede ‘we’. Thus I suggest some ways in which philosophies from Africa contribute towards current debates about ‘we’ in contemporary continental philosophy.

Fictions of Origin: Law,Abjection, Difference

This article seeks to offer a critique of what it terms ‘Law-as-Logos’ (the Western conceptualisation of ideal Law in terms of pure ‘Presence’) from a perspective that combines some of the insights of contemporary psychoanalytic, deconstructive and feminist theory with recent developments in critical legal studies. The essay seeks to offer a re-theorisation of law, not as ‘Logos’ but as ‘difference’. The law, it will be argued, exists only as that arbitrary point of demarcation between the space of the sacred and the space of the abject and, to re-orient psychoanalytic readings of abjection towards a Derridean understanding of differance, the law may be articulated as the ‘trace’ that makes ‘presence’ possible whilst at the same time threatening its total erasure. Law-as-difference thus becomes maddening in its capacity to establish and erase boundaries and the second part of the essay examines this phenomenon particularly in the context of the relation between law-as-difference and the textuality of a Law that requires to be ‘put into writing’. It argues, in conclusion, that a theorisation of law-as-difference raises inevitably the question of the relation of ‘woman’ to the law and it ends with a re-positioning of the figure of Antigone as a means of interrogating the relation of the ‘feminine’ within the Western symbolic economy to the scandalous impurity of law-as-difference.¹ P. Goodrich, Languages of Law: From Logics of Memory to Nomadic Masks (London: Weidenfield and Nicolson, 1990), 268     

当代科学方法论的特质

科技史证明许多伟大的科技成就都取决于方法创新和思维革命。从原子论、整体论、归纳演绎论、分析综合论、直觉论、否证论、一直到各种非理性主义,人类的思维和方法经历了一系列的飞跃与革命。方法创新和思维革命打破了科技活动中那些僵死陈旧的研究传统,推动着科学技术的不断进步与繁荣。今天,人类要想继续推动科学技术突飞猛进,就需要在认识论和方法论上特别关注普遍流行的各种非理性方法和后现代思维。其中,特别需要抬高直觉创造,提升科幻神话,倡扬发散式思维,普及科学虚构和赛博虚构,以提升人的发明创造能力。     

From Socio-nature to Spectral Presence: Re-imagining the Once and Future Landscape of Johannesburg

What distinguishes the global novel from other kinds of boundary-crossing narrative? And why are there so few examples of this genre from South Africa, a country of such salient worldwide interest? This essay reads Mark Behr’s 2009 novel Kings of the Water as a conflicted attempt to globalize South African literature, specifically the farm novel or plaasroman. In contrasting the complexity of the work’s South African setting with its under-developed representation of San Francisco, it traces Behr’s problematic relation to conventional thinking on global émigré fiction. The essay concludes that Kings of the Water is a timely case study in the ethical challenges of locational fixation, one that through its narrative configuration questions the dominance of the transnational paradigm.     

‘Remaining awake through a great revolution’: The rhetorical strategies of Martin Luther King Jr

Martin Luther King, Jr is the most recognisable face of the black Civil Rights movement in America in the 1950s and 1960s. His ‘I’ have a Dream’ speech, given in 1963 as part of the march on Washington, has been identified as a key moment in American history, beyond just its importance to the Civil Rights movement. King's lasting place in American history has recently been codified in the declaration of his birthday as a National Holiday by the Reagan Administration in 1986. Unlike other Civil Rights leaders, King gained support from black and white communities for his program of change. In fact, King's major successes in gaining Presidential support for Civil Rights Bills in 1964 and 1965 resulted from his ability to win the support of Northern white liberals for Federal intervention in Southern race relations. Although considerable work has been done on the methods through which King's campaigns sought to tap white support for Civil Rights, scant attention has been given to one of the central vehicles through which King was able to mobilise white support, his language. Despite the publication of two recent studies on King's rhetoric, (Miller 1992; Lischer 1995) scholars have largely ignored King's rhetoric as a source of study. In this paper, I seek to fill some of this gap by analysing the key rhetorical strategies King employs to win support from his predominantly white audience in his speech ‘Remaining Awake Through a Great Revolution’.     

规范之中的逻辑

法律能否或如何运用逻辑来对事实进行把握是一个永恒的话题。推理、推定和拟制的运用即是从不同程度上对逻辑在静态的规范意义上运用的清晰的反映。其具体表现形式在推理中表现为事实分类,在推定中为事实性规则的确立,在拟制中则是规则的变动。在这些具体的运用活动中,规则虽然始终保持着一种名义上的规范性,但其内容却已有了很大程度的不同。     

TerrorWars: Boston,Iraq

This article queries the difference between experiencing an urban terror attack and experiencing war in an urban war zone. The case considered is the Boston marathon bombings of April 2013 and the lockdown that followed, a first in the USA. Official responses to the bombings exceeded militarised urban policing strategies in ways that arguably turned Boston into an urban war zone. To consider that proposition, I juxtapose events in Boston with US war operations around Al Tafar Iraq in 2004, as described by Kevin Powers in The Yellow Birds. I also consider responses to the lockdown by people in the area of the bombings, people waiting for delayed transportation during the lockdown and experts on anti-terrorism.