公法理论的创新与研究范式的突破——对统一公法学的证成性阐释

本文是对统一公法学的证成性研究.全文以统一公法学的现有研究成果为基础,从理论标识、认识论和方法论三个方面来进行证成性的阐释与研究,解读其理论内涵与脉络.并且认为,作为一种认识论,统一公法学的理论标识已经确立,其理论体系基本形成,是一种原始性的理论创新;作为一种方法论,统一公法学具有了自己的研究进路,其研究视野非常独特,是一种全新的研究范式.全文旨在最终表明:统一公法学不仅是一种理论上的凝练,而且是一种方法论的指导.     

`Subjects' of Regulation/Resistance? Postmodern Feminism and Agency in Abortion-Decision-Making

This article explores the epistemological and strategic issues facing feminists embarking upon narrative explorations into women's experiences. It considers the implications for feminist epistemology of acknowledging women's participation in dominant ideologies about their social role. Focusing upon questions of women's agency, it asks how this `conforming knowledge' might complicate postmodernist feminist notions of resisting and reconstructing law's categorisation of `Woman'. It also represents an attempt to clarify, in advance of my own analysis of women's agency in abortion decision-making, why postmodern feminists might talk to women – the `subjects' of law's constructive power. It seeks additionally to open a discussion among a wider audience of feminists about what we might do with the information uncovered through listening to women's own stories in an area pronounced upon authoritatively by a multitude of discourses. This revised version was published online in July 2006 with corrections to the Cover Date.     

Realizing the unreal: Dharmakīrti’s theory of yogic perception

The Buddhist epistemologist Dharmakīrti (fl. ca. 7th century C.E.) developed a theory of yogic perception that achieved much influence among Buddhist thinkers in India and Tibet. His theory includes an odd problem: on Dharmakīrti’s view, many of the paradigmatic objects of the adept’s meditations do not really exist. How can one cultivate a meditative perception of the nonexistent? This ontological difficulty stems from Dharmakīrti’s decision to construe the Four Noble Truths as the paradigmatic objects of yogic perception. For him, this ontological problem manifests in an epistemological corollary: “impermanence” (anityatā) and other features of the Noble Truths are conceptual, but the adept’s meditative perception of them must be nonconceptual. How can a nonconceptual cognition apprehend a conceptual object? A key aspect of Dharmakīrti’s theory of concepts provides a solution to this problem. Specifically, Dharmakīrti maintains that a concept, when taken as a mental event, can be considered a particular and thus an object of nonconceptual cognition. Taking this approach, Dharmakīrti downplays the notion that yogic perception is an encounter with real things in the world, in part because it is phenomenally akin to hallucination. Instead, what counts for Dharmakīrti—and what differentiates the adept’s realization from the madman’s hallucination—are the salvific effects induced by the meditative experience.     

当前教学论的焦点论题研究：与迟艳杰同志商榷

20世纪80年代以来,教学实验的广泛开展和教学实践的新进展迫切需要教学论解决一些新的问题,同时,教学论自身的发展,也面临着如何开辟新的研究领域的问题,对类似这些问题的回答,必须涉及翻译怎样看待教学论的理论基础问题。教学活动与其他社会实践活动相区别的根本特征是教学认识。马克思主义认识论在教学论领域的具体化-教学认识论-是教学论研究的理论基础。只有明确这一基础,教学论才能将教学活动与广阔的社会生活有区别的基础上有机地结合起来,才能寻求教学论发展的新领域,也才能真正指导教学实践。     

学生认识信念研究新进展

认识信念是指学习者对知识、学习现象和经验所持有的直觉、潜在的认识,涉及对知识和学习的本质、形式、过程、条件、结果评价等一系列问题的认识.在综述认识信念形成及发展的影响因素的基础上,重点介绍了Bendlixen提出的认识信念的动态整合模型以及通过教学干预引导学生认识信念转变的实证研究.未来这一领域的研究,首先应关注概念界定与结构探讨,其次应关注年幼儿童认识信念的研究,同时还应关注实践应用.对我国的儿童青少年做追踪研究,揭示其认识信念的发展趋势,也将是一个重要的研究方向.     

False dawns or new horizons? Further issues and challenges for Critical Terrorism Studies

While welcoming Critical Terrorism Studies (CTS) as an interesting and valuable addition to the discourse on terrorism studies, this article argues that CTS has some serious shortcomings, particularly in those accounts that draw explicitly on a Frankfurt School approach. The article will mainly engage with three areas: the notion and conceptualisation of ‘critique’, the role of emancipation, and the overstatement of the novelty of CTS. It will argue that the way in which Critical Theory has been incorporated into the study of terrorism does not take sufficient account of the wider philosophical implications and shortcomings inherent in Critical Theory. It then suggests that while the concept of emancipation (which drives the normative agenda of CTS) has been advocated, it is very unclear as to its practical application. CTS scholars, it is argued, cannot simply take ‘emancipation’ out of the different contestations surrounding it by either claiming a (somewhat deceptive) transparency of meaning manifested in ‘liberating the oppressed’ or by retreating into an anti-foundationalist stand in which ‘the concrete content of emancipation cannot and need not be determined in the beginning’. Finally, and in relation to the definition of terrorism in particular, the article argues that the novelty of CTS has been overstated.     

La présence turque en Côte d’Ivoire contemporaine: entreprise transnationale au service de l’éducation,l’humanitaire et l’islam en Afrique de l’ouest

Many Tanzanians share a basic understanding of the occult as a moving force in the visible world. But at the same time, notions of the occult are characterised by indeterminacies in meaning, thereby allowing for multiple interpretations of particular events. This article explores various readings of two particular incidents that both occurred within a suburb of the city of Iringa in South-central Tanzania. First a Lutheran pastor started suffering from a paralyzed shoulder and a few weeks later an old woman was found lying naked outside of his home in the middle of the night. While both incidents were widely ascribed to witchcraft the article shows how particular interpretations were embedded in and reflective of a dense social climate, characterised by different kinds of tension, inequalities, suspicions of corruption and by religious and medical pluralism and competition. The article argues that the very opaqueness and uncertainty of witchcraft knowledge enabled a variety of actors with different stakes to make claims to truth, spiritual status and moral identity.     

Re-membering my ways of knowing and learning while ‘learning otherwise’

ABSTRACT

To some people, African languages are insufficiently valued or good for nothing. Such people do not find any economic value in African languages. However, the African renaissance can inject a new lease of life into African languages. The African linguistic renaissance implies uplifting the status and use of African languages. It also means taking African languages into domains where their economic value will rise. This requires a drastic change in how African languages are perceived and treated. This article argues that, as part of the African renaissance, African languages should become income generators or job-creating entities. There is great potential for African languages to attain such economically rewarding status. African languages have slept for so long that they can now be compared to devalued currencies. The article suggests some ways through which a vibrant African languages industry can be developed and sustained.     

The burden of (homo)sexual identity in Singapore

This article explores issues that arise out of the confluence of homosexual rights as human rights in the context of the Southeast Asian city‐state of Singapore. The refusal of the Government of Singapore in 1997 to register the nascent, indigenous, gay, lesbian and bisexual group ‘People Like Us’, underscores the position Singapore has taken in relation to the wider public discourse about the difference between Singaporean (Asian) values and those held by the West. The battle of values as explicated by the Peoples Action Party,¹ has relied heavily on a reverse ‘orientalism’, indeed an ‘occidentalism’, which, laden with references to the colonialism, perceived relative economic and moral decline and imperialism of the West in contrast to the majestic rise of the material success of post‐colonial Singapore, has deployed the issue of homosexuality as a defining aspect of Western culture and society, thereby sustaining an imagined state where the purity of family life is entrenched and safe. Homosexual activity, although not persecuted endemically, and despite its social and cultural presence, is illegal in Singapore, carefully monitored and contained. Homosexual identity, particularly in terms of the gay or lesbian identified person, is also perceived to be a Western construct and import, and is officially demonized to assist in the formation of a barrier between the so‐called East and West. In this sense, homosexuality is part of an imagined border where cultural and social mores are specifically defined and positioned in terms of difference.     

A Critical Theory of Social Suffering

Abstract

This paper begins by defending the twofold relevance, political and theoretical, of the notion of social suffering. Social suffering is a notion politics cannot do without today, as it seems indispensable to describe all the aspects of contemporary injustice. As such, it has been taken up in a number of significant research programmes in different social sciences (sociology, anthropology, social psychology). The notion however poses significant conceptual problems as it challenges disciplinary boundaries traditionally set up to demarcate individual and social phenomena. I argue that philosophy has a role to play in the attempt to integrate the diverging perspectives stemming from the social sciences. I attempt to show that, as it engages with the social sciences to account for the conceptual and normative issues thrown open by the question of social suffering, philosophy in fact retrieves the very idea of critical theory, as a conjugated critique of social reality and of its knowledge. I conclude by showing how the question of social suffering then becomes a useful criterion to distinguish between the different existing approaches in critical theory.