‘Resistance as creation’: a new sociability in Argentina

While everyday forms of resistance are not new in Argentina, the spontaneity that characterised the insurrection on 19 and 20 December 2001 was unprecedented. It showed how the absence of leadership, co-ordination, and promise might open the doors to powerful forms of mobilisation and radical practices in direct democracy. The author suggests that in challenging capitalism and the social paradigms that it generates, the values and practices of counter-power, self-affirmation, collectivity, and multiplicity can all play a vital role in the success and survival of radical democracy. The article is largely inspired by the works of Colectivo Situaciones, an autonomous research collective in Buenos Aires, and draws on the example of the Movimiento de Trabajadores Desocupados (MTD) Solano. This movement of unemployed workers struggles against capitalist and state violence by practising a constantly renewed spiral of rebellion and creativity. From the perspective of a participant observer the article considers their successes, challenges, and limitations in developing radical democratic thought and practice.     

民事诉讼解纷机制中蕴含的正义

冲突的本质在于当事人利益的对抗,外化为双方意志的对抗。程序的纷争,可以通过纠纷主体选择合意或接受第三方或一方的决定方式解决。两种解纷方式契合了一定的正义理论,体现了个体私益、公共利益在诉讼程序中的运行。在具体的民事诉讼程序中,两种方式并不是完全区分开来的,在相当多的情况下,纠纷的解决需要两种方式的综合运用。     

Accountability,autonomy, and authenticity: assessing the development waltz conducted to a ‘kwaito’ beat in Southern Africa

For the purposes of accountability and uniformity, and as a way of giving insight into their intellectual capital regarding development practices, NGOs in Southern Africa are required by donor agencies to describe their intended activities in very clear, unambiguous terms. These requirements may include the expression of theoretical approaches, the development of logical frameworks, clear objectives, indicators for success, criteria for sustainable development, and relationships to government policies. However, the interface between reality and these planning measures and tools, most often completed without the input and contributions of the communities whom they are to serve/service, produces a much more messy, dynamic, and involved picture of the development process. None the less, the NGOs are still required to be accountable on the basis of their original proposal and planning. The author presents examples of this phenomenon and discusses the challenges facing an evaluator when dealing with competing principles of accountability, autonomy, and authenticity.     

论网络虚拟财产及其民法保护

随着网络技术的发展,网络游戏已经成为现代年轻人一个重要的休闲娱乐方式,网络虚拟世界变得越来越现实起来。关于网络虚拟财产的法律确认与保护问题,已经成为一个我们无法回避的法律研究的新课题。越来越多的专家学者都开始认同网络虚拟财产存在其固有价值。我们对于网络虚拟财产这样的新生事物,应该抱着积极的态度去看待,只要不违反社会公德和公序良俗,都应该受到法律的保护,这也应该是我们开放的中国的立法思想模式。     

Developing critical thinking in NGO field staff

The quality of NGO work is hugely dependent on the quality of critical thinking and analysis of poverty among all levels of staff. In particular, the quality of the work in the field – at partner and community levels – depends on an understanding of development processes and on strong facilitation skills, both of which rely on strong levels of critical thinking. While these are innately present in almost everyone, rote learning in education systems and patriarchal and top–down power structures often impede their development. This article suggests some practical means by which development agencies can develop strong analytical thinking and strong facilitation skills among their staff. While the article is mainly aimed at frontline staff, the implication is that such mechanisms are required at all levels if organisations are going to develop their own capacities.     

夫妻财产制法律适用研究——兼评《中华人民共和国民法（草案）》第九编第六十四条之规定

20 0 2年 1 2月九届全国人大常委会 31次会议讨论的《中华人民共和国民法 (草案 )》第九编是关于“涉外民事关系的法律适用法”。教育部人文社会科学重点研究基地武汉大学国际法研究生所组织了该所的教师和研究生对第九编进行了专门的讨论 ,中国国际私法学会也在 2 0 0 3年 9月召开的年会上把这个问题作为主要的议题 .本专题编发的几篇文章主要就侵权领域和夫妻财产制的法律适用规则进行研究 ,对我国《民法典 (草案 )》中的相关条文的修改提出了具体意见。     

检察机关民事起诉权的设置与限制

中国检察制度的改革与发展是整个司法制度研究的重点难点问题。检察机关在民事诉讼中的角色定位应当得以修正,在实践中造成负面影响的监督性干预不应强化。借鉴各国的经验,正面建立检察机关以国家公益人身份提起民事诉讼的制度是具有合理性的可取之法。     

对完善公务员考试录用制度的探讨

我国的公务员考试录用制度迄今已取得了显著的成效,但由于各种制约因素的限制,在运行过程中也出现了诸多不足,影响了现有公务员制度的活力。完善我国的公务员考试录用制度,需要借鉴别国的改革经验,在加快考试立法、健全考试方法、强化约束机制以及配套制度的改革等方面予以考虑。     

Sex and the civil partnership act: the future of (non) conjugality?

This article considers the transgressive and transformative possibilities in the sexual silences of the U.K.’s Civil Partnership Act 2004. The absence of a consummation requirement and adultery as a specific ground of dissolution do open up some possibilities but are not unproblematic. These issues are explored in the context of the England and Wales Law Commission’s apparent ‘return’ to a conjugal model in its forthcoming consultation on cohabitation. It is concluded that though the Act may open up possibilities for expanding the legal recognition of relationships beyond those that are sexual, this raises concerns about the further privatisation of care as well as increased state intervention in relationships. Instead, I argue that the purpose and function of relationship recognition should be deconstructed and separated from ideology and romantic mythology about what families and relationships are and should be. If it does wed itself so closely to the conjugal marriage model in the consultation document, the Law Commission will miss a valuable opportunity to ask important questions about the purpose and function of relationship recognition.     

Rights-based approaches to development: what is the value-added?

Advocates and activists for human rights are currently facing a paradox: the coexistence of profound challenges in familiar territory (civil liberties) alongside expansion into new areas. Rights-based approaches (RBAs) are a part of this latter expansionary stream. This article argues that four kinds of potential value-added can be claimed. First, value-added can be sought through direct, indirect, and strategic uses of the law. Second, value can also be added by re-centring the state and (re)asking the question about its appropriate role in development (delivery, oversight), and strategising engagement with the state. Third, in relation to accountability, RBAs add value by calling the state to account; building capacities of rights holders and duty bearers; and encouraging a new kind of ownership of human rights among NGOs. Fourth, the article explores claims that RBAs re-politicise development, redefining it as rights-based rather than based on benevolence; reclaiming or re-politicising the key (process) terms of development; addressing the root, structural causes of poverty and conflict, rather than the symptoms; and speaking truth to power. Not all of these contributions are unique to RBAs, however, and on all counts it remains to be seen if RBAs will deliver on their promise.