发展权的后现代法学解读

发展权是新一代人权的重心,然而发展权并不为西方国家所认可。本文以后现代主义的立意和方法论,从后现代法学的视角对发展权进行解读并对其权利属性、权利重心地位加以证成;指出发展权是超越现代性的必然要求,进而证明发展权是后现代人权的基本形式;在这两个命题的基础上进一步提出:发展权是后现代人权法的权利重心,是后现代法学视野中人权实现的必由之路。     

Postmodern Global Governance and the Critical Legal Project<Superscript>1</Superscript>

The crisis of the New Deal constitutions and the shift to ?biopolitical’ forms of global governance in the late 20th century have dramatically disturbed the epistemological groundings and the political locations of contemporary critical legal movements. In epistemological terms, the emergence of the ?biopolitical’ has rendered transparent the impossibility of the binaries that have thus far sustained critical legal theories. With the divide between ?inside’ and ?outside’, ?base’ and ?superstructure’, ?state’ and ?society’, ?society’ and ?law’, no longer operative, critical legal movements have to outgrow their legal realist ?roots’. Could deconstruction provide here a viable option? Confronted by an order of governance that is now both ?global’ and ?imperial’, critical legal movements cannot recover a politics through such ephemeral theories. Rather, the future of critical legal movements must be located in an affirmation and promulgation of radically new constitutional principles which would confront the realities, but also harness the emancipatory potential, of the ?biopolitical’ horizon [eds.].     

Renewal of Contacts: Problems and Benefits

The Liepāja theater in Latvia is headed by Lithuanian director Rolandas Atko?iūnas. Its artistic practice is a quite striking example of complementary and contrasting cultures, demonstrating common qualities as well as essential differences between neighboring theatrical traditions. The theater of action typical for Lithuania comes from the rituals of Catholicism, while the priority of the spoken word in Latvian theater is rooted in Lutheranism. These differences sometimes disturb the process of directing and acting. At the same time, they serve as a source for new inspiration and creativity.     

ACTING OUT REFORM: THEATER AND VILLAGE IN THE REPUBLICAN RURAL RECONSTRUCTION MOVEMENT

Abstract

Rural theater reform was a component of the Republican Rural Reconstruction Movement from its mid-1920s beginnings in mass literacy efforts. Amid the economic and political upheaval of the 1920s and 1930s, reformers argued that national salvation depended on the unity and continued relevance of village communities, and they believed that rural theater could contribute to bringing village communities together. One important example, the Mass Education Movement project in Dingxian, illustrates how reformers used the theater to reinforce the village as the unit of reform and national reconstruction. Reformers hoped rural theater would transmit to villagers ideas about citizenship and the new responsibilities this political role entailed. However, it was equally important that the reform theater — a group activity performed for a village audience — enable and sustain a reconstitution of the village community. In this way, the Rural Reconstruction Movement demonstrates an alternative to the top-down rule that characterized most Guomindang state-making efforts.     

Evaluation of a Theater-Based Youth Violence Prevention Program for Elementary School Children

Abstract

The present study evaluated the impact of Urban Improv (UI), a theater-based youth violence prevention (YVP) program developed for inner-city youth, on three behavioral and psychological outcome domains: aggressive behaviors, prosocial behaviors, and scholastic attention and engagement. This study compared outcomes for 77 elementary school students in classrooms designated to receive UI with those of 63 students from matched control classrooms. Findings revealed that students who received UI were superior to matched controls on all outcome domains. Findings support UI as a promising practice for YVP with urban elementary school students and suggest that greater attention should be focused on application of theater-based programs in YVP.     

从实体自我到对话自我的后现代转向

实验社会心理学方法难以进入个人的、精神的过程,导致外部行为取代了个人的意义与情感,一般性代替了个别性与独特性.心理分析-动力学取向和人本主义方法取向在反思性上的一个共同之处是能够在全部的复杂性中抓住自我的主观性和每一独特的个人的经验世界,在对人的自我的精神世界的研究中显示出更多的优势.社会建构主义把语境、语言作为自我的关注点,承认语言在形成和建构自我与认同中的核心作用.叙事对于研究者来说,可以成为一把钥匙,打开被研究者锁藏着的自我的"现实"与"历史"的内核,并把它作为一个叙事的建构来发现和理解.     

后现代法学思潮的哲理渊源探析

通过运用法学与哲学交叉研究的方法,探究后现代主义代表人物福柯、利奥塔、德里达和罗蒂等学者的法哲学思想及其对法学研究的深刻影响,以揭示后现代法学思潮得以孕育和发展的哲理渊源.藉此,加深对这一新兴法学思潮的认识.     

Sexual orientation as a justice issue: Issues of postmodern social philosophy and religion for civil rights

This essay theoretically explores three core concerns for social justice research and analysis in the transition from social and legal philosophical foundations based upon Enlightenment categorical universals to a postmodern context that recognizes concurrent globalization and the constructed nature of particular status identities. Utilizing sexual orientation as a case study, the concerns are, what constitutes a civil right in a postmodern context, how useful are categories versus behaviors in protecting civil rights, and how does religion affect the civil morality that justifies and legitimates justice criteria? The argument is made that a justice construct for sexual orientation must rely both on behavioral freedoms and ontological status for adequate protection of human dignity and equality. It also is argued that interreligious discourse is essential to reparticularize religiomoral assumptions that have justified inequality and to provide an adequate negotiated grounding to legitimate shared norms upon which postmodern justice philosophy can be built.     

后现代精神观照下教师角色的重新审视

后现代主要并非指的是一种时态。而更是一种思想态度和意识。根据后现代基本精神，通过追溯教师角色形成的社会背景，重新审视教育过程中目前被广泛认可的教师角色。以一种全面的，多元化、多层次的视角反思教师在教育过程中的地位和作用，以实现教师角色新的转换和超越，即主要教师应从二元对立中的主体身份，转换为共生关系中的“对话”；从单纯的知识传递，走向创造性活动的思想和引导；从真理的掌握、知识的权威和学生的改造，墨迹为知识的解读，平等的对话。