Jurisprudential Dilemmas of European Law

Making a first sketch of philosophical issues arising fromEuropean Community law I want to present a series ofmore or less obvious, and more or less interrelated dilemmas,or even double binds.(i) Deepening the community becomes incompatible withwidening membership. (ii) National states seem bothnecessary for and obstructive in articulating transnationalproblems. (iii) The more democracy is needed as a warrantfor the public exercise of political power in Europe, themore the very concept of democracy on a European scaleevades understanding. (iv) European unity presupposes aunifying rule of law, while member states have radicallydifferent conceptions of this principle. (v) Even the verycore of European integration, the common market, is subjectto two conflicting and, indeed, incompatible doctrines ofcompetition. In explaining the nature of each dilemma I willtry to take my cue from the Maastricht Treaty wherever thisseems suitable. Then I will elaborate on the jurisprudentialproblems involved in it. Finally, each section will be closedby an attempt to state the nature of these problems inphilosophical terms.     

政府公共性的理想与现实

理想的政府公共性与现实的政府公共性之间存在着很大差别。理想的政府公共性是纯粹的公共性 ,而现实的政府却具有公共性与自利性二重性 ,且自利性是政府无法克服的必然选择。用公共管理理念改造政府 ,是提高政府公共性程度 ,限制政府自利性扩张的有效举措     

文化认同与东盟合作

文化认同是东盟合作的基础.所谓文化主要是指价值观.在国际关系中,这种价值观具体表现为国家应该如何追求安全与财富.东盟国家的文化认同具体表现为对东盟方式的认同,这体现为三个方面:即不干涉内政原则、协商一致原则和组织机构的非正式性原则三个方面.东盟国家之所以会有这种认同,主要是由其所处的安全环境所决定的.这种文化认同是东盟取得重要成就的关键,但在今天却面临着挑战.     

Identity Style,Parental Authority,and Identity Commitment

The role that parental authority patterns and social-cognitive identity styles may play in establishing identity commitments was investigated. The results indicated that family authority and identity style variables combined accounted for 50% of the variation in strength of identity commitment. As hypothesized, the relationship between parental authority and identity commitment was mediated by identity style. The findings are consistent with the view that family authority patterns may contribute to the way in which late adolescents negotiate the task of constructing a sense of identity. Alternative explanations of the findings are considered.     

Adolescents' Perceptions of the Relevance of Domains of Identity Formation: A South African Cross-Cultural Study

This study investigated South African Afrikaans-, English-, and Xhosa-speaking secondary school adolescents' (N = 1217) perceptions of the relative importance of identity-related domains. For this purpose a structured questionnaire consisting of 14 domain-specific items was used. Most of the domains were regarded as very important or fairly important by a significant majority of participants. Four domains were regarded as very important by more than 70% of the total research group, namely, future career, moral values, family relationships, and religious matters. Political and sexual matters were regarded as of least importance. Intercultural differences were evident in most domains. Significant gender differences were also found. Relatively more females than males reported a high priority to domains such as future career, moral values, friendships with same sex peers, gender role, and community matters. The male participants regarded relationships with the opposite sex and sexual matters as more important than the females did. The findings of this study emphasize the importance of carefully considering the domains included in future research on identity formation, depending on variables such as socioeconomic and sociocultural characteristics of the specific research groups to be included in the investigation.     

试析人大法律地位与现实地位的落差

人大作为人大制度的载体在中国的政治生活中有着非常重要的地位 ,但这种重要的地位却没有体现出相应的实际效果。本文从法律制度层面、政治学和社会学的层面将人大不能发挥法定作用进行全面、深刻的解说 ,目的在于揭示造成这种反差的种种原因 ,希望在完善人大制度的过程中可以起参考作用     

从挤出博弈看女性土地权益的保护

本文利用博弈论的研究方法,分析了权利身份化背景下集体剩余的存在以及女性和集体之间挤出博弈的展开,认为女性土地权益被侵害的体制根源在于土地权益的身份化,而女性土地权益的保护,归根到底也要通过土地权益的个体化或去身份化来完成。     

法律真实与新闻真实的矛盾冲突

在新闻侵权案件中,媒体往往因“失实”而败诉,关于新闻真实和法律真实的问题也引起了广泛关注。从新闻真实和法律真实的矛盾冲突以及新闻真实的特性探讨媒体应承担的法律责任,并对新闻真实的法律意义进行分析,具有重要意义。     

Reading the Ongoing Changes: European Identity

Europeans constituted their post‐Second World War political identities in terms shaped by the Cold War but matters took an unexpected turn when the events of 1989/91 required acknowledgement of the hitherto largely unremarked existence of the project of the European Union. The question of the identity of Europe/Europeans moved into mainstream debate: how can the variety of 'national pasts' be reconciled, how might ideas of Europe/Europeans fit within the range of identities affirmed by Europeans, and can the project present a clear image within the international community? The European Union is the only game in town for Europeans but it is also deficient; reform is made more difficult by the struggle to define the post bloc world: reform for what becomes the issue ‐ upgraded US ally, loose free trade area or federal polity? These are awkward questions but the continent is recovering from the catastrophe of its twentieth century and one can feel optimistic for the future.     

The Koguryo controversy, national identity, and Sino-Korean relations today

In July 2004, a Chinese claim that the ancient Kingdom of Koguryo (37 BC-AD 668) was China's vassal state ignited a firestorm of protest in South Korea. The decade-long South Korean love affair with China appears to have ended, as increasing numbers of South Koreans have begun to view their colossal neighbor with new suspicion. What were the causes and consequences of this controversy? Rather than forwarding the usual political, economic and security explanations, this paper interrogates the deeper identity politics at stake, arguing that the Koguryo controversy implicates the very meaning of being Korean or Chinese in the 21st century.