化大公为小公行为之定性——兼谈刑法解释方法之取舍

刑法适用的过程就是刑法解释的过程。刑法解释方法多样,在适用于个案时如何选择和使用,关系到能否得出合理的结论,实现具体的正义。本文试通过对具体案件的分析来阐述刑法个案适用过程中的刑法解释方法的选用。     

试析海德格尔的现象学概念——以胡塞尔现象学为参照

海德格尔认为现象学是一个方法概念。但同时他又把特定的课题——存在赋予现象学，从而使现象学与存在论得以衔接。海德格尔的此在现象学还具有解释学的性质。海德格尔一方面赞同“面向事实本身”的工作态度，另一方面又超越了胡塞尔的意向现象学所提供的立场和方向。     

“Mitigating Instigation”: Cultural Phenomenological Influences of Anger and Fighting Among “Big-Boned” and “Baby-Faced” African American Youth

While the violent behavior of youth continues to strike fear in the hearts of American citizens, researchers still are unable to make sense of interpersonal and ecological cultural factors that mitigate anger acted out toward others and turned inward. A cultural phenomenological perspective was applied to investigate if self- and other-perceived physical maturity and racial socialization experiences were influential in the expressions of anger and aggression among African American youth. Cross-validation of self-reports of fighting variables was found. Results indicate that the initiation and frequency of fighting behavior is higher for boys, youth who look physically mature, who report lower levels of calamity fear, lower levels of racial socialization, higher levels of anger acting out, and lower levels of anger control. Racial socialization is proposed as 1 way to manage cultural ecological demands that may lead to the use of aggression. Implications for community psychological intervention of violence are proposed.     

Teachers’ perspectives on educating for peace in Bosnia and Herzegovina

What does it mean to educate for peace after witnessing one’s community being devastated by war? And what impact, if any, does educating for peace have amidst the complexity of post-war reconstruction? To explore these questions, a phenomenological study was conducted in Bosnia and Herzegovina in 2012 with eight ethnically diverse educators who participated in a programme of Education for Peace (EFP) which began a decade earlier in the cities of Sarajevo, Mostar, Banja Luka and Zenica. Through semi-structured interviews, the study (1) explores meanings and experiences associated by participants with their role as post-conflict peace educators, (2) examines the extent and limits of their sense of peacebuilding agency and (3) elicits evaluations of the longer term impacts of educating for peace in the Bosnian context. The study finds that meanings associated with educating for peace are nuanced by educators’ personal histories of conflict, professional identities and the country’s wider socio-political dynamics. Benefits, risks and challenges stemming from peace education engagement are found in four domains (personal, social, educational and political). Conclusions recommend greater focus to the subjectivities of teachers in conflict-affected contexts as a key site for evaluating peacebuilding impact, for revising theories of change and improving planning and provision.     

Investigating Not-Knowing: Research Methodology

Phenomenology offers a unique and useful approach to understanding how people experience events or phenomena. The method is particularly instructive in exploring how youth workers experience and make sense of moments of not-knowing in the context of their professional relationships with young people. This chapter provides an introduction to phenomenological research, including its theoretical foundations and procedures. The research methods of this study, including participant recruitment, interview format, data analysis, and presentation, are included, as are the five themes associated with the experience of not knowing what to do: (a) the paralysis of stuckness, (b) features of despair, (c) humiliation and the fear of being found out, (d) questions of vocation and calling, and (e) the transition from not-knowing to knowing.     

Camera as sign: on the ethics of unconcealment in documentary film and video

When we look at a documentary, what do we see? Probably not the apparatus that gives us images to view. If we did, then perhaps questions about the ethics of documentary cinema would be easily answered. The goal of this article is to broaden the moralistic purview of image ethics debates with a semiotic phenomenology of the visual mode of address of documentary. I describe how “doubling” and “redoubling” the visual mode of address undermines the authority of documentary and helps to overcome debates about two main ethical issues – participant consent and the audience's right to information. Unconcealing the viewpoint of documentary also broadens media ethics debates by bringing attention to the implied viewer, asking of it to reflect on the consequences of the communicative act of looking. Examples of widely available documentary film and video are discussed.     

The Meaning of the Cut: A Phenomenological Inquiry into Prisoner Self-injury

Self-injurious behaviors (SIBs) represent a significant threat to the morbidity and mortality of vulnerable prisoners, and are now a ubiquitous aspect of the correctional system. Currently, correctional staff receive little specific training or appropriate guidance from national standards to respond to this dangerous behavior. To date, the overwhelming majority of empirical research on self-injury in prison has relied upon the viewpoint of academicians and/or correctional staff. This select viewpoint has reduced the perspective of the self-injuring prisoner to a passive role. In response, we utilized a qualitative methodology to access the perspectives of 20 highly recidivistic self-injuring inmates housed in three South Carolina prison. Interpretative phenomenological analysis was employed to identify fundamental themes underlying SIBs. Findings indicate that the meaning of self-injury is rooted in traumatic family milieus with the behavior becoming a fixed coping mechanism over time. Respondents perceived stress and control as dominant themes, though mental illness, physiological responses, and negative emotional states were also important. While desistance from self-injury appears unlikely, key policy solutions are presented in accordance with these inmate perspectives. This phenomenological inquiry suggests that efforts to understand these inmate “accounts” and personal history serve as a potentially efficacious means of understanding SIBs occurring in prison.     

The psychological processes that culminate in audience loyalty to a South African soap opera

Abstract

A model for the psychological processes that culminate in positive viewing experiences and audience loyalty to a soap opera is presented. The research was based on a secondary analysis of a qualitative market research study conducted for the SABC on the soap opera Isidingo. The analysis was conducted within a hermeneutic phenomenological interpretive framework. The model illustrates how viewers use soap-world knowledge and real-world knowledge to interpret the characters and storylines of soap operas, and that the degree of enjoyment the viewer experiences from viewing is dependent on the quality of the mental models formed of these respective components. The role that transportation, realism, social influences and timeslot play in the engagement process is also defined.     

论米歇尔·亨利的生命现象学马克思主义

米歇尔·亨利第一次将他的生命现象学运用于马克思关于“社会现实”的分析。亨利关于马克思的哲学思想是“一种新现象学的马克思主义”。在马克思的文本中,现象学最基本的原则“回到事物自身”被亨利解读为“回到个体现实性生命”,所有社会中显示的关系必须还原到个体生命。“社会总体性”还原到纯粹的“个体主体性”是理解马克思社会批判的有力工具。“彻底的主体性”概念是亨利新现象学的马克思主义的核心概念。马克思的“现实性”应该被理解为个体的主体实践。马克思看到了实践的原初本质:实践恰恰是一种努力的主观体验,简言之即劳动。马克思以“谱系学”开始进行社会批判,这是一种对各种社会结构下的主观现实性的描述方法。     

Whose Stories are These?

Phenomenological research investigates the meaning of lived experiences for participants, as well as the implications of those experiences. This chapter presents brief biographical sketches of 12 youth workers who participated in a phenomenological investigation of the experience of self in moments of not-knowing what to do. Each participant's characteristics, professional location in the broad field of American youth work, and circumstances surrounding the experience of not-knowing are described.