法理学“指导”型知识生产机制及其困难——从法理学教材出发

从知识生产机制的整体视角来看,中国法理学教材还没有走出苏式法理学的框架。苏式法理学教材的"指导"型知识生产机制基于法理学与部门法学具有不同的研究对象这一基本原理,认为法理学是部门法学的指导性学科,并由此决定了"指导"型知识生产机制的运行机制;运行机制包含正面向度和反面向度两个方面,正面向度指的是法理学针对部门法学生产"指导"型知识,反面向度指的是部门法学帮助法理学生产"指导"型知识,法律关系理论和法律行为理论分别典型地对应着这两个方面。然而,对上述理论的检讨表明,"指导"型知识生产机制在运行机制层面是无效的;进一步地,该机制在基本原理层面及其理论基础层面也是错误的,因而应当被抛弃。     

Recreating the Third World Project: possibilities through the Fourth World

Abstract

In this paper, we make a theoretical argument that the Third World be returned to its political origins to inspire an updated Third World Project (TWP), revived as a global movement for progressive, anti-imperialist forces, through the Fourth World movement, which highlights internal colonialism. Both the TWP and the United Nations recognise only nation states as full members. We examine how a Third World strategy that brings in the Fourth World, or indigenous, minority and/or stateless groups, can help oppressed groups gain more autonomy and rights through a transnational solidarity rooted in empathy. We trace the intellectual roots and history of the TWP and consider obstacles in bringing together the TWP and the Fourth World movement. A Fourth World strategy corrects the TWP’s implicit approval of an underlying imperialism, and the TWP provides the Fourth World movement a model to accomplish its goal of resisting uncritical modernity.     

Why Weren’t We Taught? Exploring Frontier Conflict Through the Lens of Anzac

This article examines public understandings of two key strands of Australian history that sit at opposite ends of a spectrum of remembrance: frontier conflict and Anzac. The former, W. E. H. Stanner argued in 1968, was subsumed in a vacuum of silence, lost to popular consciousness in a wilful act of forgetting. Despite a wealth of subsequent scholarship documenting the violence and dispossession that characterised European colonisation, considerable gaps in public awareness about these foundational events remain. Anzac, in contrast, has become a defining narrative of Australian history for large segments of the general population and the political class. Recent scholarship suggests that this prominence has served to mask other, important histories of the continent, including frontier conflict. In this article, we argue that this is neither a necessary nor essential binary, and further, that one can inform the other. The written reflections of 320 tertiary students enrolled in a course about Australian military history provide insights into the ways that frontier conflict is popularly understood and how the fascination with Anzac can be leveraged to raise awareness of the violent historical dimensions of colonisation.     

The Far North Act in Ontario,Canada: a sons of the soil conflict in the making?

In 2010, the Government of Ontario, Canada passed the controversial Far North Act. The Act purportedly aims to promote land use planning and sustainable development while recognising Aboriginal and Treaty rights. There are, however, early warning signs that the Act could be a breeding ground for future conflict between Indigenous peoples and other stakeholder groups. This article adopts a ‘sons of the soil’ conceptual framework to explore the mechanisms that could give rise to the escalation of Indigenous vs. non-Indigenous conflict. The findings provide important insights for theorising the contentious politics around land and territory in diverse settler-colonial contexts.     

Resistant to Change? The European Commission and Expert Group Reform

This article examines how the European Commission has responded to external criticism and demands for the democratisation and reform of the way it uses expert groups in EU policy making. The article analyses the nature and character of the Commission’s dialogue with its critics and the degree and extent to which it was prepared to adapt its existing internal processes and procedures to the reform agenda. Recent theories inform us that organisations respond in different ways to external criticism and demands for reform, including full adaptation, evasion, institutional decoupling and reinterpretation. The main findings suggest that the Commission was not completely resistant to changing its approach to the use of expertise. The Commission reinterpreted its critics’ demands by introducing reforms that defused this external pressure, while protecting the effectiveness of its existing internal ideology and processes. These findings serve to enhance the Commission’s image as an increasingly normalised bureaucracy and reinforce the importance of knowledge and expertise as a key source of Commission legitimacy.     

Journeys to the limits of first-hand knowledge: politicians’ on-site visits in zones of conflict and intervention

ABSTRACT

This article explores the practice and political significance of politicians’ journeys to conflict zones. It focuses on the German example, looking at field trips to theatres of international intervention as a way of first-hand knowledge in policymaking. Paying tribute to Lisa Smirl and her work on humanitarian spaces, objects and imaginaries and on liminality in aid worker biographies, two connected arguments are developed. First, through the exploration of the routinized practices of politicians’ field trips the article shows how these journeys not only remain confined to the ‘auxiliary space’ of aid/intervention, but that it is furthermore a staged reality of this auxiliary space that most politicians experience on their journeys. The question is then asked, second, what politicians actually experience on their journeys and how their experiences relate to their policy knowledge about conflict and intervention. It is shown that political field trips enable sensory/affectual, liminoid and liminal experiences, which have functions such as authority accumulation, agenda setting, community building, and civilizing domestic politics, while at the same time reinforcing, in most cases, pre-existing conflict and intervention imaginaries.     

The role of African universities in the protection of the rights of indigenous peoples: A development agenda

Before the emergence of the United Nations at the end of the Second World War, human rights were generally scantily recognised in international law and, even under the UN Charter of 1945, indigenous peoples received merely tacit reference. Since the 1970s, however, several normative instruments have been adopted to give recognition to the rights of indigenous peoples as a distinct component of international human rights law. With the further adoption of the Declaration on the Rights of Indigenous Peoples by the UN General Assembly in 2007, the subject has assumed new dimensions with the possibilities of new vistas. What, for instance, is the role of African universities in the promotion and protection of the rights of indigenous peoples as critical agents in the global human rights and development agenda? The purpose of this article, among others, is to synthesise the strategic approaches to the rights of indigenous peoples and to accentuate a more informed conceptualisation of what the role of African universities on this subject ought to be, and must be, in the light of the dynamic opportunities of the post-2007 era.     

Securitising Migration: The European Union in the Context of the Post-2011 Arab Upheavals

The migration-security nexus, already at the heart of EU policymaking before the 2011 Arab uprisings, became acute after the forced displacements from Syria and the deterrence measures introduced. The internalisation by broader publics of “security knowledge” regarding migration contributed to the securitisation move. However, the construction of migration into a security-laden notion goes beyond both the adoption of deterrence measures and the straightforward association of migration with state as well as societal (in)security. Through the lens of its cooperative tools with its southern neighbours, the EU has built complex interdependencies between migration, post-2011 regional stabilisation and security. In order to read the EU’s securitised migration politics properly, the migration-security nexus must be embedded in its social, geopolitical and temporal fields. Perceptions of geopolitical threats, concurrent strains and divergences over European integration and immigration constitute an enabling terrain for the politics of securitisation.     

ID‐Check: Online Concealed Information Test Reveals True Identity

The Internet has already changed people's lives considerably and is likely to drastically change forensic research. We developed a web‐based test to reveal concealed autobiographical information. Initial studies identified a number of conditions that affect diagnostic efficiency. By combining these moderators, this study investigated the full potential of the online ID‐check. Participants (n = 101) tried to hide their identity and claimed a false identity in a reaction time‐based Concealed Information Test. Half of the participants were presented with personal details (e.g., first name, last name, birthday), whereas the others only saw irrelevant details. Results showed that participants′ true identity could be detected with high accuracy (AUC = 0.98; overall accuracy: 86–94%). Online memory detection can reliably and validly detect whether someone is hiding their true identity. This suggests that online memory detection might become a valuable tool for forensic applications.     

Greenland from a Commonwealth Perspective

A Commonwealth perspective provides a useful comparative framework for understanding Greenland’s contemporary situation. There are parallels between the constitutional evolution of the Commonwealth, particularly in relation to the British dominions, and Greenland’s autonomous status within the Kingdom of Denmark. There is also a useful Commonwealth perspective on the issue of whether financial support from a metropole continues or becomes less in the event of an autonomous territory moving to full independence. Greenland’s situation also warrants comparison with the many small states within the Commonwealth, given that an independent Greenland would be very much a small state in population terms. As a predominantly indigenous Inuit society, Greenland can also be compared with ‘developed’ Commonwealth countries such as Australia, Canada and New Zealand where indigenous issues are important even though indigenous peoples are in a minority. Going beyond the comparative perspective, Greenland is relevant to specific Commonwealth countries, most notably Canada and the United Kingdom; other Commonwealth countries such as Singapore, India and Australia also have some interests relating to Greenland. Also beyond the comparative perspective Greenland is significant not just for the Commonwealth but for the whole world because of its position in relation to climate change.