试论黑格尔实践观的历史贡献

黑格尔对马克思主义科学实践观的形成做出了特殊的贡献。黑格尔实践观中关于人类劳动的能动性思想、实践的中介性思想、实践高于理论的思想以及把人的本质归结为实践的思想，都对后来的历史唯物主义和科学认识论的创立有着重要的启迪意义，成为“新的唯物主义观点的直接理论前提”。     

中药知识产权国际化保护问题的实效方法论应用——以中美对中药保护最佳路径选择为视角

解决中药知识产权保护问题离不开国际化因素的考量,但是国际化并不能等同于西方化,尤其是美国化的西药审批及保护标准,这是中医入欧盟零注册危机给国人的最新启示。从专利特别保护、传统知识特别保护及公用知识无保护三种主要路径对中美中药市场竞争的影响出发,应用实效方法论的重要工具博弈均衡理论,对中美中药及植物药保护的不同选择路径不同利益效果作了对比性的数据及逻辑分析。研究发现,我国对中药知识产权国际化保护的最佳选择应是理清中药作为传统知识的知识产权地位,而促进美国对植物药的专利化具备利益的可行性。建议在构建国内中药传统知识保护的专门法律制度的同时,创建性地促进中药的科技创新、国际合作以及相关国际公约的修改。     

Disability and support relationships: What role does policy play?

Very little is known about how relationships between people with disabilities and their paid support workers are positioned in policy. With the policy shift toward choice of provider, individualised approaches, person centredness and self‐directed funding, the nature of their relationship assumes a more prominent role in the quality of support practice. The policy analysis in this article explores the extent to which current disability policy acknowledges, promotes, or diminishes the relationships between people with disabilities and workers, in their organisational context. It uses Honneth's conditions for recognition—love (cared for), rights (respected) and solidarity or social esteem (valued)—to understand how policy positions mutuality in the relationship. The policy review applied a three‐stage process: categorisation of policies, textual analysis and content analysis to policy documents at four levels—international, Australian federal, state and organisational in two case studies. The analysis revealed that while a rights framework is explicit in most policies, the emphases on the conditions for recognition within a relationship between people with disabilities and workers are compromised in instructional policies that attempt to manage the tension between choice and risk, particularly at the organisational level.     

Climate change policy discontinuity and its effects on Australia's national electricity market

Australia's National Electricity Market (NEM) became unstable in 2016/2017 after 20 years of consistent performance. The South Australian grid collapsed on 28 September 2016 – Australia's first black system event since 1964. Wholesale prices in the region trebled to $120+/MWh; soon after Hazelwood power station announced its exit with just 5 months’ notice. The problem spread as prices elsewhere doubled to $89/MWh from a long‐run average of $42.50. The NEM is experiencing a supply‐side crisis. Consistent with the requirement to decarbonise the system, aged coal‐fired generators are exiting but decades of climate change policy discontinuity has frustrated the entry of new plant. Long‐dated capital‐intensive asset industries like electricity supply anticipate a conventional policy cycle. What they have experienced instead is consistent with garbage can theory. Policy clarity may be emerging for only the second time in two decades. As with the NEM, its durability will depend on cooperative federalism.     

自然之性和仁义之性——程颢人性论的两重性

程颢的人性论是学界研究的难点,有多种观点并存。要正确理解程颢的人性论,需要结合他所面临的辟佛与弘扬儒学的文化背景。为了批判佛性论,他吸取告子"生之谓性"说以肯定人的自然之性。他继承并发展孟子的性善论,使其在理论上更加完善。程颢对自然之性和仁义之性皆持肯定态度。然而,自然之性和仁义之性毕竟有所不同,前者杂气禀而有善恶,后者不杂气禀而至善。未能处理好两者的关系,是程颢人性论的不足之处。     

Uber Über regulation? Regulatory change following the emergence of new technologies in the taxi market

Can emerging technologies transform not only markets, but also foster new regulatory change mechanisms? In the context of prevailing theories of regulatory change, this article explores the extent to which an interest‐based explanation can account for the regulatory responses toward emerging Transportation Network Companies (TNCs). Based on a primary cross‐city analysis of the 40 largest cities in the United States, the study found that although the existence of ex ante interest groups indeed somewhat limited the extent of ex post regulatory acceptance of TNCs, regulators seemed to prefer the newcomers over existing incumbents and approved TNCs in 77.5 percent of the examined cities, rarely pursuing harsh enforcement even when TNCs operated illegally. The research attempts to explain this intriguing phenomenon by extending the interest‐based approach to account for the key role played by “technological regulatory entrepreneurs.” The entrepreneurs bridged collective action barriers by becoming the central agent that managed, and reaped the benefits of, the collective action, by lowering the organizational costs and by disseminating information effectively and turning consumers into political campaigners, thus successfully promoting regulatory change.     

Lingua franca fever: sceptical remarks

The policy push in favour of fostering a global lingua franca has shed overtly imperialistic underpinnings and been recast, but many of the same objections can be levelled at new attempts to justify an old policy. Efforts to explain the impetus towards linguistic uniformity through rational choice theory obscure the power dynamics behind choice of language in multilingual contexts. Invoking democratic engagement as a benefit of uniformity overestimates the role of linguistic diversity as a drag on participation and ignores more important forces. A focus on equality of opportunity and social mobility through lingua franca competence as justification for the policy reveals a shallow conception of equality and underplays the long-term consequences for non-lingua franca communities were equality of opportunity for individuals to be taken seriously. Finally, seeing the justice issues that arise out of competition between languages as one of ensuring adequate compensation to the losers underscores how thin is the conception of equality animating the approach; it purchases an inadequate level of equal opportunity for individuals at the expense of inequality amongst language communities.     

Theory and the scientific basis for forensic anthropology

Forensic anthropology has long been criticized for its lack of a strong theoretical and scientific foundation. This paper addresses this problem by examining the role of theory in forensic anthropology at different hierarchical levels (high-level, middle-range, and low-level) and the relevance of various theoretical concepts (taphonomic, agency, behavioral archaeology, nonlinear systems, and methodological theories) to the interpretation of forensic contexts. Application of these theories to a case study involving the search for the WWII Goettge Patrol illustrates the explanatory power these theories offer to the interpretation of forensic events as the end product of an often complex set of environmental constraints and behavioral interactions and choices. It also emphasizes the importance of case studies in theory building and hypothesis testing. A theoretical foundation does indeed currently exist in forensic anthropology; however, a recognition and broader implementation of anthropological (archaeological) theory is warranted and will further define forensic anthropology as a scientific endeavor.     

马克思主义社会与历史理论的经济学视角——罗伯特·布伦纳教授访谈

罗伯特·布伦纳(Robert Brenner)系当代美国“经济马克思主义”学者.受法国结构主义马克思主义阿尔都塞的影响,并在英国马克思主义历史学派的直接启发下,他致力于在二战后的英美世界继续从事历史唯物主义当代重建这一传统西方马克思主义重要使命.基于此,他提出了著名的“社会财产关系理论”,引发了著名的关于社会形态过渡(主要是从封建社会向资本主义社会过渡)的“布伦纳之争”,并由此重新开启了探讨历史唯物主义的经济学维度,按照他自己或者英美世界通行的说法,就是探索马克思主义社会与历史理论的经济学视角.     

康德和黑格尔刑罚论品读

康德的刑罚论和黑格尔的刑罚论分别表达了他们的刑法思想。康德和黑格尔的刑罚论以正义为价值追求,以报应为理论主线,其理论精髓仍然有益于当今的刑法理论和刑法实践。