Not-Knowing Gives Way to Knowing

One of the few truly reassuring features of not-knowing among youth workers is the realization that not-knowing cannot last forever. Eventually, some feature of the situation shifts, and youth workers move back into the capacity for action. This chapter describes the last of five themes associated with youth workers' experiences of not knowing what to do: Not-knowing gives way to knowing. In addition to presenting the dominant theme, this chapter discusses the three variations on it, as described by youth worker participants: (a) The rousing power of someone else, (b) I have to respond, because no one else will, and (c) The power of winging it.     

Center Stage: Humiliation,Being Found Out,and the Myth of Supercompetence

Youth workers operate within a professional climate in which competence is perceived to be linked to a worker's ability to respond quickly and effectively to whatever situations clients may present. Many youth workers perceive their own inability to respond in moments of stuckness as indicative of their own failing and lack of professional skill. They often view their colleagues as more equipped and competent than themselves and fear having their own struggles exposed. This chapter describes the third of five themes associated with youth workers' experiences of not-knowing what to do: humiliation and the fear of being found out. In addition to presenting the dominant theme, this chapter discusses the two variations on the theme, as described by youth worker participants: (a) The worst public humiliation and (b) They'll know I'm a fraud. Implicit in both variations is the weight of youth workers' attempts to measure up to the field's myth of supercompetence in their practice.     

What Makes Parties Trust Mediators?

The relationship of trust between mediators and parties is a key element of the mediation process. This article reviews the trust relationship from the parties' perspectives. A qualitative research methodology was used to identify five key factors explaining why parties trust their mediator: degree of mastery over the process, explanation of the process, warmth and consideration, chemistry with the parties, and lack of bias toward either party. The theoretical and practical implications of the results are discussed.     

《周易》意象观与意象美学的探究——基于存在论现象学视角

中国古典美学意象范畴的研究是当代意象美学研究的学术基础。《周易》是意象范畴的思想源头，其意象观从词源和思想层面奠基了意象范畴。《周易》的哲学思想在其实质上会通于西方的存在论现象学，借鉴海德格尔思想对其意象观进行阐释既是最切合《周易》思想的探究，也是对意象范畴的正本清源。在存在论现象学的视域下，《周易》中的“意象”并非含“意”的易象（卦爻象），而是圣人以易象所像、所立之象，亦即作为“意”的道之现象，美是向感性觉知开放的意象。这一意象观奠定了中国古典美学意象范畴对美的本质的领会和解释。文章从存在论现象学视域对《周易》意象观的美学内涵的揭示，提供了一个从源头处洞察中国古典美学意象范畴和源始地解决意象美学研究中的一些重大问题的理论视界。     

符号、解释学与中国古典法律解释

近些年来 ,受西方解释学理论的影响 ,中国也掀起了研究中国古典解释的热潮 ,学者们将其命名为中国古典解释学研究。但有关中国古典法律的解释还很少有人关注。本文运用解释学的理论和方法对中国古典法律解释问题做了初步性研究 ,阐明了中国古典法律解释研究的可能性径路。     

法律心智:返回法律的生活世界——一种现象学的视角

科学的思维方法为研究法律提供了有效的路径,但是作为科学研究对象的法律却逐渐远离了对于人之生活的意义关照。虽然现象学语境下所构建的法律心智表现为一种理想模型,但最后实现的效果实质在于通过重塑立法者和裁判者的个人理解而将遮蔽的生活世界揭示出来,并推向"公共性",这将是现象学独有的洞察。现象学视角下的法律心智研究将引领我们返回法律的生活世界,这不仅将促使我们重新审视理性的担当和责任,而且将释放法律的"本真性",更重要的则是重塑公民的个人理解。     

诠释学视野下的刑法解释学

真理与方法是一切学科安身立命的基础,是一切学科最终的归宿。具体到刑法解释学的研究之中,方法的作用仍然举足轻重,方法论立场决定具体的解释观,进而影响到具体的解释结论。在诠释学的语境之下,刑法解释学有两项应对选择,一是创生＂刑法诠释学＂的概念理论,二是在语词不变的情况下扩充＂刑法解释学＂的概念内涵,即在现有的解释学机制下,吸纳法律诠释学理论的合理因素,扩大原有刑法解释学的内涵和适用范围。     

Observing the Breach: Dignity and the Limits of Political Theology

This paper draws together a number of debates concerning ‘dignity’. It points to reasons for the endurance of the concept of dignity, and thereby indicates some limits to analysis via political theology. Dignity is incongruous in law and ethics: it is naturalised theology illicitly augmenting liberal and postmodern theory. At the same time, phenomenologies of dignity suggest that it is something ‘observed in the breach’ when we encounter the diminution of the individual. Political theology would encourage us to treat this appearance of diminution as a point of aporia in ethics and closure in law, ostensibly articulating the loss of ‘humanity’ but in fact revealing nothing more than the reduction of all norms to sovereign decision. However, deconstructive counter-arguments to political theology are possible. First, the persistence of dignity hinges upon perception of loss rather than on any distinctive norms. Second, language games invoking dignity should be seen as performing solidarity. Third, there is a productive instability in the languages of dignity and human dignity. Together, these qualities mean that dignity, despite its theological genealogy, can justifiably play some role in both liberal and postmodern ethics.