中国法学知识谱系建构的主题词

在全球化语境中的当代中国这一客观场景中,任何关涉中国法学知识谱系建构的努力都超越不了＂历史的镜像＂、＂身份的守望＂、＂话语的审慎＂这三个至关重要的主题词,它们簇生性地构成中国法学建构性的知识谱系。中国法学只有融入并超越这种知识权力与价值守护,才能获得自我存在的确认,完成中国法学主体性建构的时代使命。由此也自然而然地展现了马克思主义法学、西方法学和中国近代法学这三个维度之精神空间的交融与对立在中国法学知识谱系建构中的积极价值。     

论我国法院变更指控制度之构建

法院是拥有最终定罪权的唯一机关,其对于检察机关指控的变更也是应有之义,但径行的变更则触动了"不告不理"的基本诉讼理念。我国法院的变更指控立法和实践恰恰暴露了这一问题,要解决这一弊病可仿效大陆法系的程序性限制模式,设置我国的"间接变更罪名程序",并辅之以"公诉事实同一"的前提性原则,构建出符合我国司法环境的法院变更指控制度。     

文化自觉与当代青年的民族认同

文化自觉既是中华民族与世界其他民族和谐共处之道,也是中国社会内部多民族、多文化之间共同发展之路。在文化自觉的视域下,培育当代青年的民族认同就必须认同本民族文化,加强民族文化的学习,客观地看待外来文化,发挥主体意识,重塑本民族文化,以期最终形成民族精神的凝聚力量,振兴民族文化。     

认同：危机治理的逻辑起点和价值目标——兼议二元社会结构中多元主体的认同困境

在危机治理中,认同作为一种社会资本,能够培养人们对政府政策与制度的支持和参与。认同有助于政府实现社会动员,极大地化解和避免危机,并有助于消除二元结构的认同困境,恢复和发展社会良序。     

Organizational Identity,Image, and Reputation: Examining the Influence on Perceptions of Employer Attractiveness in Public Sector Organizations

The active management of an organization’s image, identity and overall reputation can result in a range of benefits including attracting larger and higher quality job applicant pools, fostering an improved overall impression of the firm in potential employees’ minds and retaining and engendering loyalty amongst current employees. How these concepts apply in the public sector remains nascent. This paper reviews the extant literature on identity, image, and reputation and identifies how and why these concepts are salient for exploring current and potential employees’ perceptions of the public sector as an employer. A conceptual model is developed through reviewing organizational characteristics of public sector entities and proposing how these may influence employees’ image, identity and reputation perceptions of the employer attractiveness of the sector.     

Critical peacebuilding and the dilemma of difference: the stigma of the ‘local’ and the quest for equality

Recent research has revealed the need to include and understand local actors in order to improve the effectiveness of peacebuilding. According to these analyses, peacebuilding could become more respectful of cultural differences thanks to a genuine engagement with the specificities of the local. Empirical studies of the ‘different’ local have thus flourished in the field with the ambition of countering the universalist tendency of traditional peacebuilding. Through the use of the concept of ‘dilemma of difference’, this article challenges this intuitive argument and argues that these approaches risk reproducing a stigma attached to the ‘different’ local. Indeed, emphasising difference in order to ensure its respect means separating and reifying ‘it’ as a deviation from the norm(al). As such, this analytical strategy is likely to recreate the stigma that contributed to the exclusion of local actors in previous peacebuilding practice and research. In contrast, I outline three strategies for studying difference differently in peacebuilding: focusing on the institutional arrangements that enabled specific differences to emerge and become visible; recognising that these differences are internal to peacebuilding (and thus an unlikely source of alternative and emancipation); and revealing the unstated and implicit Self for/from whom local difference is relevant.     

Desire recast: the production of gay identity in Iran

This paper traces the transformation of sexual space in Iran during the past 200 years; a process which culminated in the emergence of Iranian gays at the beginning of this century. We reconcile the work of Najmabadi [2005. Women with mustaches and men without beards: gender and sexual anxieties of Iranian modernity, Berkley: University of California Press], Foucault [1990. The history of sexuality, Vol. 1: an introduction, New York: Vintage Books], and Massad [2002. Re-orienting desire: the gay international and the arab world. Public Culture 14(2), 361–385; 2007. Desiring arabs, Chicago: University of Chicago Press] and describe distinct moments of modern subject construction. We claim that gays are constituted in Iran through a process of heteronormalization of social space, followed by the ‘fixing’ of deviant types in law and medicine and then the availability of a positive frame of reference which makes its appearance in the mid-1990s when the discourse of identity and human rights enters Iran. We conclude by signalling a new chapter in the constitution of sexual space in Iran in which gay activists experiment with Persian culture to create gay-friendly speech.     

Authenticity,intersubjectivity and the ethics of changing sex

This paper examines how specific concepts of the self shape discussions about the ethics of changing sex. Specifically, it argues that much of the debate surrounding sex change has assumed a model of the self as authentic and/or atomistic, as demonstrated by both contemporary medical discourses and the recent work of Rubin (2003 Rubin, H. (2003). Self-made men: Identity and embodiment amongst transsexual men. Nashville: Vanderbilt University Press. [Google Scholar]). This leads to a problematic account of important ethical issues that arise from the desire and decision to change sex. It is suggested that by shifting to a properly intersubjective and performative model of the self, we can better understand (1) the diagnosis of transsexuality; and (2) issues of success, failure and regret with regard to changing sex. The paper also reveals the important implications this shift has for how the relationship between medical practitioners and transindividuals is understood. The paper concludes by showing how the model of the self as authentic can individualise identity and thus downplay or overlook the tight intertwinement between self and other. A properly intersubjective, performative concept of the gendered self places other people at the centre of both an individual's attempt at self-transformation and the ethical issues that arise during this process.     

The last Byzantines: perceptions of identity,culture, and heritage in Serbia

Focusing on material culture, this article considers a range of issues concerning the cultural policies, ideologies, and identities that have underlain Serbian development since the Middle Ages, and tests some widely held yet previously uncontested views. In particular it questions the Serbs' perceived affiliation with the Byzantine Empire and challenges the view that this affiliation was so pervasive that it influenced Serbian development and national formation in the modern age. It is argued that Byzantium had little if any role in the Serbs' cultural development – neither in historical memories nor in surviving traditions. Serbia's Byzantine culture is largely a myth developed in the 1930s by the Serbian clergy as a corollary of the Russian-inspired Svetosavlje ideology. This myth was meant to dislocate Serbia's cultural identity from its secular European sources and reposition it closer to Orthodox Russia.     

An undisclosed story of roses: church,state, and nation in contemporary Georgia

Since the Rose Revolution (2003), Georgia has encountered an unprecedented scale of institutional reforms concomitant with the rise of American and European involvement in the “democratization” process. Various scholars have suggested that Georgian nationalism developed from an ethno-cultural basis to a more civic/liberal orientation after the Rose Revolution. This paper analyzes Georgian nationalism under President Mikheil Saakashvili to demonstrate the significant divergence between political rhetoric on national identity, the selection of symbols, and state policy toward the Georgian Orthodox Church versus state policy toward ethnic minorities. The aim of this article is to examine the at times conflicting conceptions of national identity as reflected in the public policies of Saakashvili’s government since the Rose Revolution. It attempts to problematize the typologies of nationalism when applied to the Georgian context and suggests conceptualizing the state-driven nationalism of the post-Rose Revolution government as “hybrid nationalism” as opposed to civic or ethno-cultural.