揭开集合侵权的面纱——从术语翻译到制度建构的追问

Masstort应译为“集合侵权”。“大规模侵权”存在形式和实质上之不足，不能标识恰当的判断标准，无法揭示整体性侵害这一本质，也难以统摄两大基本类型。基于整体结构转型、构成技术和归责机制失灵等原因，集合侵权不能融入传统侵权法，属于侵权法上的“情势变更”。为应对集合侵权，实体法须采取拟制集合团体、醇化责任基础、损害赔偿模型化、缓和证明责任等措施；同时，应以集团诉讼为中心构建程序制度，并实现私人自治和国家强制的结合。我国初步具备了应对集合侵权的实体法基础；程序法上还亟待建立集团诉讼制度，改变行政主导应对程序的现状。     

法律法规名称英译研究

法律法规的名称往往揭示了法律法规所要调整或规范的对象、主要范围或主要内容,故而至关重要,但目前鲜有学者对我国法律法规名称的英译进行探讨。在权威机构颁布的法律法规英译本中,法律法规名称的翻译在术语、语法及句法等方面都存在诸多值得商榷之处。中西方思维、文化及心理上的巨大差异导致了中英文表述上的不同。从翻译目的论的视角观之,法律法规名称的英译需正确选用术语、注重译入语的语法和句法表述习惯,尤其是参照外国法律法规名称的表达方式,方能最终实现我国法律法规英译的目的。     

French engagement versus British commitment. Was it interlingual miscommunication or political manipulation?

ABSTRACT

The efforts undertaken to establish the contemporary European Union started many years earlier. The history of establishing a pan-European organization is interesting not only for historians and economists but also translators and linguists as it is the history of interlingual communication (negotiations and agreements). One such negotiation was allegedly ineffective due to the difference in understanding the French term engagement and its English equivalent employed by translators and interpreters, that is to say the English term commitment. The authors aim at presenting the political background of negotiations and the social semiotic analysis of the terms in question in order to provoke the reader to find the answer to the question whether the negotiation was broken due to interlingual miscommunication resulting from erroneously chosen equivalent or it was destined to failure from the very beginning due to socio-political and economic interests of negotiating parties. In order to achieve that goal, the authors have analysed notes exchanged between the governments of France and Great Britain in course of negotiation. The history of negotiation and the linguistic analysis are combined to illustrate the complexity of meaning construction and the semiotic implications of the contextual dependence of meanings of terms and their dynamic evolution in time and space.     

The Statecraft Effect: Assessment,Attitudes, and Academic Honesty

Abstract

This article uses a multimethod research design to compare Statecraft to non-Statecraft assignments and courses along three dimensions: student engagement, political attitudes, and academic honesty. The results indicate that Statecraft increased student engagement and academic honesty. In terms of political attitudes, students generally remained on the left side of the political spectrum, but shifted toward the right and became more hawkish by the end of a semester. Changes in attitude are more strongly associated not with playing Statecraft, but taking a political science class by the coauthor, or some other external variable. Statecraft, however, did reduce support for pacifism.     

关于学年学分制条件下高校系部教学管理工作的思考

二战后,各国高校根据自身情况选择施行学分制、学年制及学年学分制.目前,在我国高校的教学管理制度中,这三种形式也是并存的.我校自转制成为普通本科高等院校以来,在施行学年学分制方面,进行了探索和尝试,其基本经验是:加强教学管理工作,帮助学生建立完整的专业知识结构,以适应市场经济需要.     

Picture–text congruence in translation: images of the Zen master on book covers and in verbal texts

The study aims to demonstrate how cover pictures and verbal texts are congruent with each other in presenting the Zen master Huineng in two English translations of the Platform Sutra. The focus is on the interpersonal/interactive meanings and the analytical tools adopted are systemic functional linguistics and Kress and van Leeuwen’s visual social semiotics. Results show that the visual techniques employed to depict Huineng on the book covers are in consistency with the verbal choices adopted to present Huineng in the translated texts. While the medium to close shot and eye-level angle complement the choice of speaker-plus “we” as dominant interactive subject person, and qualified statements and polite suggestions/commands in Wong’s translation, the very long shot matches the use of speaker “I” and addressee “you”, and categorical statements and direct commands in Cleary’s translation. In this way a consistent image of Huineng is presented in each translation: friendly and willing to be close to the viewer/audience in Wong’s translation, but authoritative and distant in Cleary’s translation.     

A Concurrent Analysis of Three Institutions that Transform Health Technology‐Based Ventures: Economic Policy,Capital Investment,and Market Approval

Drawing on institutional theory, this article articulates qualitative insights from a program of research on Canadian health technology‐based ventures to examine the rules that characterize economic policy, capital investment, and regulatory approval as well as the way these institutions enable and constrain the development of ventures at an early stage. Our findings clarify how economic policy integrates these ventures into the entrepreneurial domain, how capital investment configures them for economic value extraction, and how regulatory approval fully releases their market value. These findings help to revisit current policy modernization initiatives by calling attention to the convergence among the three institutions. Rather than operating solely as a source of constraints, these institutions provide a highly integrated market‐oriented space for health technology‐based entrepreneurial activities to unfold.     

'Gold and Bracelet,Water and Wave': Signature and Translation in the Indian Poetry of Adela Cory Nicolson

Writing under the male pseudonym'Laurence Hope', Adela Cory Nicolson published three collections of poetic verses set in colonial India between 1901 and 1905, namely The Garden of Kama, Stars of the Desert and Indian Love. In the late 1880s, dressed as a young male Afghan groom, Nicolson routinely followed her husband to the military camps that the British colonial authorities had set up in Afghanistan. This experience of gender and cultural cross-dressing finds a special place in many of Nicolson's love poems. Although Leslie Blanch has claimed that the'mainspring of Laurence Hope's verses still elude us', it is clear that Nicolson relied heavily on appropriating the poetic languages of Hindu'bhakti' and Islamic'sufi' traditions, thereby transforming the erotic conventions of the late Victorian fin de sicle. Her use of poetic signature is central to the formation of such a poetics. Long ignored on grounds that it was merely part of the enormous left-over corpus of colonial exotica produced and consumed with unprecedented eagerness in the age of empire, Nicolson's poetry therefore invites a reappraisal on the grounds that it constituted a significant act of translation: a practice aimed at reconceptualizing notions of national poetic legacy under colonialism and at reworking gender and identity in relation to poetic voice.     

Coming out of the shadow? Studies of local governments in Central and Eastern Europe in European academic research

This article is an analysis of the changing role of research on local governments in Central and Eastern Europe (CEE) within mainstream European studies. It refers to dependency theory (Wallerstein, Prebish) as applied to scientific research. It classifies CEE as being in the semi-periphery of academic research. The empirical analysis consists of two parts: (1) qualitative review of the most important of the comparative studies of European local governments. It includes a discussion on the role of local governments and researchers from CEE in these studies; (2) quantitative based on an analysis of articles published in international journals and citations for those articles in Scopus. The analysis covers 14 countries (all new member states who joined the EU from 2004 onwards, plus the Balkan countries: Albania, Macedonia, and Serbia).     

侦查学科建设和学术研究的困境和出路

当前我国侦查学科建设和学术研究存在许多致命问题,主要表现在研究对象含混、学术共同体没有形成、没有科学的学术目的、学术话语系统没有形成、学术资源欠缺等多个方面。在学科建设和学术研究的内在逻辑中思考以上问题有一定意义,但对未来侦查学建设和发展景象和效果应审慎乐观。欲推进侦查学科建设,开展学术研究,首先需要解决学科队伍素质的提高、研究对象和研究方法论的界定、公安院校办学模式的变革等三个根本问题。