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231.
Robert Briggs 《社会征候学》2013,23(3):257-274
At the time of its presentation, Derrida's 'Force of law' represented deconstruction's perhaps most direct statement on the possibility of justice and its most explicit engagement with law. The ensuing responses to that paper have typically focused on deconstruction's position regarding the force and authority of law, and especially on what is taken as Derrida's theory of justice. As such, 'Force of law' is often discussed in isolation to mainstream legal philosophy or is otherwise understood to represent a radical counter to that tradition. It is possible to take a different direction, however, by considering the event of that paper's presentation and reception in relation not only to the existing disciplines of legal studies, but also to the problematic of discipline itself. Re-reading some of the work of contemporary legal philosophy in the light of that problematic may thus enable a certain questioning of the disciplinary divisions whose very institution underscores the 'radical' nature of deconstruction's 'critique' of traditional understandings of law. Such a re-reading may even allow a speculation upon a certain (trans)disciplinarity of deconstruction, reconsidering the latter's relation to traditions. 相似文献
232.
Andreas Ventsel 《社会征候学》2013,23(5):593-612
The main purpose of this article is to elaborate some conceptual tools for clearer analysis of social reality, power relations and their visual representations. One of these instruments through which power relations are established in society is photography. The paper focuses on different strategies by which, in photography, the “people” are constructed as a homogeneous whole of specific historical self-reflection of culture. The first part of the paper discusses the relationship between the theory of hegemony as elaborated by Ernesto Laclau and the semiotics of culture of Yuri Lotman. The ground for believing this incorporation of the two thinkers to be successful is the very apparent theoretical congeniality between them. They both belong to the Saussurean ontological terrain. The second part of the paper tries to develop a bridge between the given theoretical framework, especially Laclau's concept of empty signifier and Barthes's concepts of studium/punctum, and “iconic photograph” from visual rhetoric. I will distinguish four hegemonical strategies of signification: visual naming, dominant text, code text, and dominant language. The analysed material is taken from Stalin-era soviet Estonia's newspaper and magazine photographs. 相似文献
233.
Lyndon C.S. Way 《社会征候学》2013,23(1):15-31
This paper, drawing on data from a news production study, carries out a critical discourse analysis of two stories produced by the Turkish Cypriot national news agency (TAK) and the stories produced by three local radio stations based on these texts. Both TAK and the three stations are partisan and used by owners and the elite for political self-promotion that supports what are broadly two different kinds of economic interests. One seeks to benefit from economic links with mainland Turkey and the other through relative independence yet continued isolation and separation from the Greek Cypriot-controlled Republic of Cyprus. Neither position favours unification with the Republic of Cyprus now highly popular with the majority of the population. To this end, stations recontextualise events to promote two different discourses of national identity, one that is Turkish and one that is based on an independent Turkish Cyprus. While listeners tend to accept that news broadcasts will reflect the viewpoints of owners and controllers, what is less understood is the way that even the most mundane and banal news stories are recontextualised to support these. It is this that is explored in this paper. 相似文献
234.
《West European politics》2013,36(4):69-92
Attempts in recent years to reform the Spanish Senate have proven futile. Using an institutionalist approach, this article highlights some of the weaknesses of the Spanish Senate in terms of its constitutional design and institutional development. The article explains how attempts at reforming political institutions are influenced by the historical context in which the institution was originally designed and the political context in which it has subsequently developed. The debate over Senate reform is analysed by examining the Senate's institutional setting and its relationships to broader political settings such as the legacy of the transition to democracy, political party discourse, and a competitive culture in Spain's system of intergovernmental relations. 相似文献
235.
民间法话语在中国的命运与西方知识引进运动是紧密地勾连在一起的。虽然“圜道”秩序生成模式和政治主导型秩序生成模式构成原理不同,但都不存在国家法与民间法对立问题,民间法话语被构建、衰落和兴趣都与西方知识/理论在中国、中国开展的民族国家构建和现代化建设紧密地联系在一起。对民间法话语在中国命运的研究,反映出来的是中国现代化建设、社会变迁与话语力量的发展的内在逻辑和规律。 相似文献
236.
"第三性"是当今社会对女博士的代称。它是对追求独立,实现自我价值的高学历女性的一种排斥和异化现象在语言上的反映。女人往往被称作"第二性"或"他者,"女博士从女人这个群体中被排挤了出来,成为"他者中的他者"。这个二度他者化的过程体现了社会心理和文化通过大众话语来掌控社会的事实。福柯关于话语和权力的关系理论表明话语(语言)是众多的大众维护、重组社会秩序的有效机制,权力通过话语发挥作用,话语的流通又进一步加强了权力。"第三性"一词的出现和流传是男性强权统治受到挑战时的话语应对机制运作的结果。此外,语言本体论的观点表明语言不但反映世界,而且语言就是社会现实。所以,"第三性"这一语言形式直指女博士困窘的现状,它表明我们有赖于语言维护、打破、重建社会秩序,人类和语言共存。 相似文献
237.
Using a framework informed by Foucauldian discourse theory and feminist accounts of sexual difference, this paper investigates
the process of attrition in cases initially recorded as rape and in which complainant and suspect are known to each other.
Having particular regard to police and prosecutor decision-making in the processing of such cases, the authors consider discourses
that utilise conceptions of sexual difference, which work to normalise and privilege cultural assumptions about male desires
and conduct in sexual relations. In illuminating the manner in which the traditional binary categories of sexual difference
is put to work, the authors argue that socio-legal debates over the phenomenon commonly described as ‘date rape’ have over-simplistically
inverted these categories. The authors further argue that this inversion operates to women's detriment and fails to advance
a sufficiently nuanced understanding of complex issues implicated in rapes committed against women by men they know.
This revised version was published online in November 2006 with corrections to the Cover Date. 相似文献
238.
Fleur van der Houwen 《社会征候学》2015,25(3):255-273
This study examines the American court show Judge Judy. Drawing on both conversation analysis and critical discourse analysis, this paper aims to show how ideological assumptions about how to be a “good citizen” manifest themselves at a turn-by-turn level in the interactions on Judge Judy and how they contribute to the co-construction of a new version of events. The microanalyses reveal how Sheindlin's strategic use of “common-sense reasoning” sets up a context and characterization of the opposing litigants. Sheindlin reframes complex issues as simple black-and-white stories. These new stories have a plain narrative line without the contingencies of everyday life and with clearly moral and immoral characters allowing her to pass a judgment that only seems fair. 相似文献
239.
Jian Wang 《Negotiation Journal》2015,31(1):47-63
Within a theoretical and methodological framework based on critical discourse analysis and the principle of the objective, and using recordings from a civil case concerning an inheritance dispute, this article explores how a mediator in China employed various discursive strategies to foster conflict resolution and construct a dual role. On the one hand, he tried to maintain an impartial stance, but on the other he violated neutrality by acting selectively against one party. I suggest that the mediator, influenced by social ideology and/or his own interests, appears to be “neutral” but is sometimes “biased,” resulting in the performance of dual roles that combine the functions of problem solver, judge, and mediator. This finding facilitates greater understanding of what Chinese mediation is and how it operates. 相似文献
240.
The article is considered to be of current interest, because it is a relatively new area for research. This paper focuses on measuring Hofstede’s power distance index for different countries, particularly in Kazakh culture. A novel technique is proposed, where verbal index is calculated from the analysis of publically available texts delivered by representatives of different cultures. The authors analyzed public speeches made by leaders of various countries. From these texts, a verbal index was derived, which closely correlated with Hofstede’s power distance data. As a result, the authors were able to obtain a power distance index for Kazakhstan, which was previously unavailable. Furthermore, this method can be used as a cheaper alternative to conducting surveys in estimating Hofstede’s power distance indexes for different cultures. 相似文献