Post‐Sovereignty and the European Legal Space

The political constitution of the European polity has become strained in recent years by insistent pressures on its institutional capacity to resolve social problems. The article examines the EU's polity crisis in the context of the development of a distinctive modern conception of secular constitutional authority, focused on the ideal of sovereign self‐determination. As the work of Neil MacCormick illustrates, the EU provides a radical challenge to the on‐going capacity of the concept of sovereignty to provide a framework to address problems of legitimacy. The article explores the nature of this challenge, its historical context and its consequences with reference to debates over the nature of constitutional pluralism. It sets out a path to the renewal of the European constitutional debate through a re‐consideration of secular constitutional authority and the necessity of its connection to the idea of sovereignty. The article seeks to re‐engage in the task of ‘questioning sovereignty’.     

西方劳资合作模式及其实践研究前沿探悉

伴随管理创新，西方劳资关系发生了由集体谈判为主的模式向劳资合作模式的转变．这种转变引来了各学科领域的研究，但各学科庞杂、理论林立的弊病日渐显现。针对该问题．本文尝试以产业关系理论范式对劳资合作模式相关研究进行分析和归纳，在梳理近三十年相关文献的基础上，对该领域相关研究主题、基本假设和实证结论逐一进行了评述．并提出了未来的研究方向。     

Pluralism,corporatism and perception of corruption

When people know who is influencing the elected politicians and they may ‘put the rascals out’ in case they feel that the incumbents are corrupt, ceteris paribus, their perception of the level of corruption should not be affected by lobbying. If on the other hand people are not sure which or how many actors are influencing public policy and they are not able to hold the government truly accountable as interest group influence is constant with different governments, people will be more likely to perceive the government as corrupted. The former system is a characteristic of corporatism and the latter of pluralism. This problem is exacerbated by the fact that interest groups with resources such as business groups or firms in pluralist systems are more influential than groups with few resources. Thus, people may perceive pluralist policy‐making system as more corrupt than corporatist policy‐making system where fewer visible actors have more or less equal weight in the policy‐making process. Copyright © 2014 John Wiley & Sons, Ltd.     

文化全球化·文化安全·文化自觉

文化全球化与经济全球化相伴随,是人类文明发展不可逆转的趋势。文化全球化既给我国文化发展带来发展机遇,也使我国面临文化强权的挑战与威胁,文化安全问题日益凸显。以高度的文化自觉,积极应对文化全球化,努力建设和谐文化,为我国文化的科学发展创造安全环境,是当前我国必须认真对待的问题。     

比较视野中的多元主义、精英主义与法团主义——一种在分歧中寻求逻辑结构的尝试

多元主义、精英主义与法团主义三种理论之间的关系可以分别用"分散与集中"、"开放与封闭"来描述.其中,多元主义与精英主义处于(权力)"分散与集中"连续谱的不同位置,而多元主义与法团主义则可以在(组织)"开放与封闭"的连续谱上发现它们的居所.以精英主义为原点,这三种理论之间具有内在的深层联系.     

Las condiciones de inteligibilidad de las prácticas constitucionales. una aproximación a partir del caso del aborto

In this paper we intend to highlight the three levels of discourse that underground every constitutional discussion, from the view point of the special case of abortion. We aim, in the end, to propose a reflection about what we could name the intelligibility conditions of our constitutional practices. With this purpose, we identify three discussions that converge in the discussion about the justice of decriminalizing abortion: (a) the explicit discussion about the claimed existence of a right not to be condemned for choosing abortion; (b) the implicit discussion about the nature of public reasons, as opposed to religious reasons; (c) the underlying discussion about the nature of concepts which are used in these two previous levels of discussion.     

Relative Responsibilities

Although the feminist debate regarding to the supposed problem of relativism has moved on, there is still a nagging anxiety that the embrace of relativism undermines the feminist project. From an initial fear that questioning the notion of a singular truth would paralyse political action, more recent concerns centre on the ethical and, in particular, on responsibility. But for all that contemporary feminism celebrates fluid differences against the singular and fixed, there remains an acceptability gap between, on the one hand, the interpretative approach and, on the other, what can be broadly referred to as deconstruction. For the former, the concession that both material socio-cultural and historical differences, and ideological constructs, affect the way in which individuals understand and reason about the world is not taken to undermine the primacy and truth-value of a supposedly underlying model of reality. The claim is that preceding such differential constructions, there is a stable and ideally recoverable reality that is the guarantor of true knowledge. In contrast to such a hermeneutic reading of appearance as inherently contingent, Shildrick suggests that the metaconcepts of reality, truth and knowledge are in themselves contingent. It is neither relativism nor pluralism that offers escape from the damaging singularities and exclusions of modernity, but rather the move to a post­modernist concept of undecidability.     

真理的元性、元论及误解和分歧

真理问题是哲学史上的一个经典问题，同时也是一个误解和分歧较多的问题，审视真理的特性，辨析真理的一元性、一元论、一元化和真理的多元化、多样化、层次化，探索它们之间的共性及分歧所在，有助于更好地理解和运用马克思主义真理观，为真理探索道路和生活实践提供哲学指导意义。     

uBuntu, Pluralism and the Responsibility of Legal Academics to the New South Africa

Neo-liberalism often reduces pluralism to a social fact based on the collapse of the big ideals that once claimed to stand in for the ideal of humanity. Tolerance of inevitable value diversity is all that can be offered by the rationalized modern western state. This understanding of pluralism is completely inadequate in the post colony. Ernst Cassirer offers a philosophical understanding of symbolic plurality that allows us to respect divergent symbolic forms, including myth and religion. This understanding of pluralism opens the space for respect for the customary law and the great indigenous ideals such as uBuntu which has often been denigrated as mythical and thus outdated or, worse yet, not law at all. This denigration is inseparable from colonial violence, and demands a process of transculturation as integral to this struggle to transform the new South Africa into a society that lives up to the Constitution’s call for the respect of all of its citizens. This respect can only be done if there are serious economic reforms and a challenge to the hegemonic neo-liberal capitalism.

指导性案例何以作为法律渊源? ——兼反思我国法源理论与法源实践之关系

“指导性案例是不是法律渊源”是一个关乎指导性案例研究与实践的重要基础性命题,该命题也可以作为反思与重构我国法源理论与法源实践之关系的一个切入点。为此,应当从多个维度来界定法律渊源的基本内涵与属性,以明确相关讨论的大前提。在此基础之上,还需要反思当代中国法源理论与法源实践之间的复杂关系,并倡导一种“规范多元主义”的法源观念。基于上述分析框架,指导性案例作为当代中国的一种法源类型,不仅在理论上成立,而且也具备重要的现实意义以及相当程度的可行性。