刍论民间法对法律方法的可能贡献

民间法与国家法的张力由来已久,其紧张关系体现并爆发于法官的办案过程中。作为认识论的民间法依赖并附着于法律方法而生,又为法律方法之鲜活提供养分;而作为方法论的民间法则与法律方法同为方法论,在法学研究方法的博弈中,构成对立统一和互补关系。本文试图从民间法作为国家法之外实存并运行于中国当下社会的规范或秩序的认识出发,探讨民间法与法律方法间的辩证关系,为在司法过程中实现民间法与国家法的有效融合和互动,实现法治原则下和谐社会的宏伟目标,提出有关民间法对司法过程中法律方法的可能性贡献的些许思考。     

Public Inquiry Methods,Processes and Outputs: an Epistemological Critique

Public inquiries are an important phenomenon in modern British society, often used to address controversial or difficult issues of major concern to policy makers, the media and the public. Although people often comment adversely on how costly inquiries are and how long they take, inquiry methods are rarely discussed, let alone critiqued or challenged. However, from a social sciences perspective, inquiry methods, processes and outputs are often at odds with accepted standards for research methods. This paper discusses this divergence and the implications for how we should regard the inquiry as a way of knowing, or learning.     

“河南公安精神”的哲学解读

"河南公安精神"与马克思主义哲学息息相通,"河南公安精神"的形成是河南公安反复实践和认识的结果,"河南公安精神"的内容包含着深刻的哲学内涵,它对河南公安实践具有重大现实意义。     

Marking a Weberian Moment: Our Discipline Looks Ahead

That the discipline of International Relations is again in disarray was the prevailing theme of a seminar titled Visions of International Relations , held at the University of South Carolina in autumn 1998. This essay is at once a reflection on the discussions that took place at the seminar and a representation of views that I offered as a participant. It comments on the epistemological issues in contention in the "third great debate" in International Relations, and it raises questions about the place and legitimacy of humanistic approaches to the study of relations among states and peoples. By my reckoning, International Relations is a full-fledged, full-blown, autonomous, legitimate and accomplished academic discipline, and ought not to be thought of as a subfield of political science or of any other of the socialsciences.     

Sustaining democracy: folk epistemology and social conflict

When political philosophers ask whether there is a philosophical justification for democracy, they are most frequently concerned with one of two queries. The first has to do with the relative merits of democracy as compared with other regimes. The second query has to do with the moral bindingness of democratic outcomes. But there is a third query we may be engaging when we are looking for a philosophical justification of democracy: what reason can be given to democratic citizens to pursue democratic means of social change when they are confronted with a democratic result that seems to them seriously objectionable or morally intolerable? In this paper I develop an epistemological response to the third query. The thesis is that we have sufficient epistemological reasons to be democrats. The epistemological norms that we take ourselves to be governed by can be satisfied only under certain social conditions, and these social conditions are best secured under democracy.     

Introduction: The Transcripts of Peace: Public,Hidden or Non-obvious?

This piece introduces the special issue on everyday peace indicators. It considers the limitations of orthodox approaches to capturing and evaluating peace. Many of these approaches are top-down and reflect state-centric approaches. Alternatively they are focused on specific peacebuilding programmes and have little to say about the wider context in which peace is being built or obstructed. The lived-experience of conflict and war-to-peace transitions is often written out of accounts of peace and conflict. While recognizing that measuring peace is an inherently complex task, this introductory essay notes that there is little appetite among international organizations to reassess how they record and evaluate peace. In part, this is explained by the lucrative political economy of monitoring and evaluation. This special issue seeks to contribute to thinking about new agendas for evaluating peace.     

Pornography and the construction of misogyny

Summary

In this paper I return to my work in Pornography: Women, Violence and Civil Liberties, the edited volume published in 1992 by Oxford University Press, and subsequently my work on pornography, harm and human rights (Itzin, 1995, 1996a), and to pornography and child sexual abuse (Itzin, 1996b, 1997a,b, 2000a,b,c). I draw from and build on that work and from the contents of the pornography special issue of the Journal of Sexual Aggression (Itzin and Cox, 2000). This paper covers key issues such as legislation and regulation, censorship' and ‘freedom’, the literature on pornography effects, the role of pornography in the aetiology of sex offending and in the construction of desire. In particular, the paper is concerned with theorising aetiology, causality and the ‘epistemology of public policy’ on pornography. It draws from and builds on the scholarship and activism of radical feminism in conceptualising and campaigning against pornography-related harm.     

《晋书.刑法志》中的法哲学

《晋书·则法志》是中国法律思想史上的一部重要著作,同时也是一部集中反映中国传统法哲学的经典作品.在法本体论问题上,《晋书·;刑法志》向我们介绍了一种“整体论”的法律观,即法律是一种复合物,呈“三位一体”结构,其权威也是建立在“复合型权威”基础之上.在法认识论问题上,《晋书·刑法志》叙述了晋代的人们在“法律科学化”方面所做的种种尝试.在法律方法论上,《晋书·刑法志》表达了尽理为法、奉法循理等科学的司法理念.《晋书·刑法志》中的法哲学是一种非常先进的法哲学.     

论非法证据排除规则价值选择的合理性

非法证据排除规则是现代刑事证据规则中不可或缺的组成部分.该规则在保障人权的同时导致了相当的社会代价,由此产生的价值冲突使其价值取向一直饱受非议.事实上,无论从认识角度还是价值角度,非法证据排除规则都具有完整而坚实的理论依据.通过对非法证据排除规则价值冲突实质的分析,有助于对该规则的合理性做出解释.